[BREAKING] Centre can hold Central Vista foundation stone ceremony but no construction, demolition should take place for now: Supreme Court

The Supreme Court on Monday clarified that the Central government is free to go ahead with the foundation stone laying ceremony of the Central Vista redevelopment project on December 10 but cannot carry out any construction or demolition at the project site till the top court pronounces its judgment in the petitions challenging the project..An order to that effect was passed by a Bench of of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna after the Central government through Solicitor General Tushar Mehta undertook that no construction, demolition or felling of trees will be carried out till the top court decides the case one way or the other."We clarify that the authorities would be free to undertake other formal processes including to continue with the scheduled programme of foundation stone laying on December 10 without altering the site in question in any manner," the Court made it clear.The clarification was made by the apex court after it listed the case for hearing suo motu taking exception to the government's plan to begin construction activities."We have listed this matter because of certain developments we came across in public domain.We never thought you will go ahead so aggressively with construction. The fact that there is no stay does not mean you can go ahead with everything," the Court told Mehta when the matter came up for hearing."We show deference to you that you will act in a prudent manner. Same deference should be shown to the court. We don't mind if you do paperwork, or lay foundation stone but no construction should be done," the Bench added. .Mehta sought a day's time to take instructions in the matter but the Court insisted that the Centre should convey its stance in 5 minutes. .The Solicitor General then proceeded to take instructions. When the Bench reassembled, Mehta made it clear that the government will not start construction or demolition at the site or carry out any tree translocation. .The Court recorded the same while allowing government to carry out paperwork and also hold the foundation stone laying ceremony. .The Central Vista area in Lutyen’s Delhi houses iconic buildings like the Parliament House, Rashtrapati Bhavan, the North and South Block buildings and the India Gate..The petitioners before the Supreme Court have challenged a notification issued by the Delhi Development Authority (DDA) on December 21, 2019 regarding changes in land use for the redevelopment..One of the petitioners, Rajeev Suri has assailed the alterations envisaged by the centre arguing that it involves changes to land use and standards of population density and that the DDA is not vested with the requisite power to bring about such changes. He has submitted that the power for bringing about such changes, if at all, lies with the central government..Another petitioner, Lt. Col (Retd. ) Anuj Srivastava, has challenged the public hearings held to raise objections to the exercise, arguing that they were a mere formality devoid of any meaningful consequence.An intervenor, Meena Gupta, former Secretary of Ministry of Environment and Forests, has filed an intervention application in the pending case highlighting environmental concerns due to the redevelopment..During the hearing of the matter in the first week of November, the Central government had defended the project claiming that construction of a new Parliament building and Central Secretariat has become an absolute necessity due to the stress on the present ones.Solicitor General Tushar Mehta, representing the Centre, had said that the current Parliament building, which was opened in 1927, does not adhere to fire safety norms, has a serious space crunch, and is not earthquake-proof..There is an imminent need to have a new Parliament building. The current building was built in 1927 prior to independence and was intended to house the legislative council and not a bicameral legislature we have today. The building does not conform to fire safety norms and water and sewer lines are also haphazard which is damaging the heritage nature of the building. Both Lok Sabha and Rajya Sabha are packed. When joint sessions are held, members sit on plastic chairs diminishing the dignity of the House," Mehta had submitted on November 3..Once there is an increase in the number of seats of the Lok Sabha and the Rajya Sabha after the fresh census to be conducted next year, the building will be under stress, Mehta added. He had also cited security concerns, highlighting the 2001 Parliament attack..Regarding construction of new Central Secretariat, the Centre underscored the need to bring all important ministry offices under one single building.“We have to run around the city to go to different ministries, increasing traffic and pollution. The policy decision is that all Central ministries have to be at one place and that place has to be one which has historical significance", Mehta had contended..It was also the government's argument that all necessary statutory approvals including environmental clearances were in place and the project cannot be scrapped merely because the petitioners felt a better process or method could have been adopted.Unless there was any violation of Constitutional or legal provisions, the court should refrain from scrapping the project and there was no occasion warranting judicial interference in the present case, Mehta had told the Court..He had also found support from Senior Counsel Harish Salve, who on behalf of the project consultant, HCP Design Planning and Management Pvt Ltd. told the court on Thursday that it should be circumspect when interfering with policy decisions taken by the executive..(Read order)