[BREAKING] Supreme Court dismisses appeal against Delhi High Court order refusing to halt Central Vista construction [READ ORDER]

The Supreme Court on Tuesday dismissed an appeal against a May 31 judgment of the Delhi High Court refusing to halt the Central Vista redevelopment project amid the COVID-19 pandemic (Pradeep Kumar Yadav v. Union of India)..A Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Aniruddha Bose demanded why the petitioners, who sought a halt on construction of the project citing COVID-19, singled out Central Vista when construction activities for other similar projects were also progressing..The Court noted in its order that during the pendency of the petition before the High Court, it had come on record that the project was fully compliant with COVID guidelines. Despite the same, the petitioners pursued the petition for reasons best know to them, the Court said. It, therefore, affirmed the costs imposed on the petitioners by the High Court even stating that the High Court was rather conservative in imposing costs of only Rs. lakh. "We may observe that the High Court had been rather conservative in imposing cost only of Rs.1,00,000/ (Rupees One Lakh Only) despite recording the finding that the petition was motivated as the Writ Petitioners selectively questioned one project," the top court stated in its order. .The petitioners had initially approached the Delhi High Court seeking a direction to halt construction activities of Central Vista during COVID-19, saying that it could turn out to be a super spreader..The Delhi High Court Bench of Chief Justice DN Patel and Justice Jyoti Singh had, on May 31, ruled that the work currently ongoing is part and parcel of project and of vital importance and can't be seen in isolation."The whole Central Vista Project is an essential project of National importance, where the sovereign functions of Parliament are also to be conducted. Public is vitally interested in this project," the High Court had said.The High Court had further stated that once the workers were staying at the site and all facilities had been provided and COVID-19 protocol was being adhered to, there was no reason for it to exercise powers under Article 226 of the Constitution of India to stop the project.The High Court had also imposed costs of Rs. 1 lakh on the petitioners on the ground that the petition was motivated and lacked bona fides..The appeal filed by petitioners Anya Malhotra and Sohail Hashmi before the Supreme Court took objection to the imposition of costs by the High Court.Such imposition of costs, the petitioners contended, would have a chilling effect on public spirited individuals raising genuine issues of public health and other issues concerning citizens, the petitioners submitted."The impugned judgment, especially the imposition of exorbitant costs, has a chilling effect on public spirited individuals raising genuine issues of public health and on the right of citizens to question the actions of the government and to hold it to account, which it is submitted is the bedrock of democracy," the plea said..It was further stated that the petitioners are not only aggrieved by the dismissal of the petition, but also by the "unsubstantiated findings and adverse observations, in particular the observation that the petition was motivated, ill-intended and/or lacked bonafides.".The appellants through advocate Nitin Saluja, also contended that the judgment of the High court implicitly conceded that during the curfew period, the respondents ferried construction workers in violation of lockdown directions.The judgment said that “there is no further movement of workers from Sarai Kale Khan or any other place to the Project site”, yet passed no order to hold the concerned authorities liable for flouting DDMA orders under Section 22 of the Disaster Management Act, 2005, the plea said..The top court was also hearing another appeal against the same Delhi High Court order by advocate Pradeep Kumar Yadav.Yadav contended that the High Court was not justified in holding the Central Vista redevelopment project as an "essential activity" during the peak of the COVID-19 pandemic crisis, "especially when the whole country has stopped essential functions during the lockdown period including the courts.".During the hearing on Tuesday, the Supreme Court asked whether the appellants had conducted any research on other similar construction going on in the national capital."Was honest research conducted about the kinds of construction work that were going on? Is that reflected in your petition?" asked Justice Maheshwari.He demanded why only one project was singled out by the petitioners."As a PIL petitioner, did you research on how many projects were going on and only one project is picked up?" he said..Rs. 1 lakh costs has "chilling effect": Appeal filed in Supreme Court against Delhi High Court judgment allowing Central Vista construction.Referring to annexures in the plea, Senior Advocate Sidharth Luthra, appearing for the petitioners, responded that there was research done and material available on this project."We had challenged the permission obtained for Central Vista...We also placed on record the DDMA order which permitted the on-site construction. We placed on record the permission letter from CPWD...movement passes issued were also placed stating it should be allowed as its an essential service. We stated that its not an essential service," he said..[Central Vista] "Matter of serious public health concern:" Appeal in Supreme Court against Delhi High Court judgment allowing construction.The Bench also observed that the project activities were proceeding in compliance with all protocols."Your concern was the project is non-compliant. But when there is a finding that it is compliant then how is the petition being pursued?" said Justice Khanwilkar..The Court eventually went on to dismiss the appeal, stating that no interference with the Delhi High Court judgment was warranted..[Read Order]

[BREAKING] Supreme Court dismisses appeal against Delhi High Court order refusing to halt Central Vista construction [READ ORDER]

Debayan Roy

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