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SC allows filing of plea against environmental clearance to Central Vista project

By: PTI | New Delhi |

Up to date: July 29, 2020 6:16:03 pm


A bench of Justices A M Khanwilkar, Dinesh Maheswari and Sanjiv Khanna allowed senior advocate Shyam Divan to file inside per week a recent plea difficult the EC by the ‘Central Vista Committee’ to the challenge. (File)

The Supreme Court docket Wednesday allowed submitting of a recent plea difficult the June 17 environmental clearance (EC) granted to the bold Central Vista challenge, overlaying 3-km stretch from Rashtrapati Bhavan to India Gate in Lutyens’ Delhi, for setting up a brand new Parliament Home and different authorities buildings.

A bench of Justices A M Khanwilkar, Dinesh Maheswari and Sanjiv Khanna allowed senior advocate Shyam Divan to file inside per week a recent plea difficult the EC by the ‘Central Vista Committee’ to the challenge.

The central authorities will reply to the petition per week after it’s filed.

The highest courtroom, which posted the petition to be filed for listening to within the week commencing August 17, mentioned nevertheless that it was undecided whether or not bodily listening to would start by then. It has been holding listening to by way of video conferencing because the COVID-19 lockdown in March.

“We allow per week to Divan to file the petition and per week to Centre to answer inside per week of receiving the plea… Matter to be posted after two weeks”, the bench ordered.

The bench was listening to as many as seven pleas, together with two switch petitions from the Delhi Excessive Court docket, on the problem they usually have been filed by individuals like activist Rajeev Suri and retired Lt Col. Anuj Srivastava towards varied permissions given to the challenge by the authorities together with the nod to alter the land use.

On the outset, Divan, showing for one of many petitioners, mentioned the case was primarily towards the permission on change of the land use after which “there was an environmental clearance granted on June 17 to the challenge.”

He mentioned there have been a number of causes of motion and the grant of the EC could be challenged earlier than the Nationwide Inexperienced Tribunal (NGT) and the apex courtroom can not use its energy to curtail that problem to the EC earlier than the NGT.

The bench mentioned that there have been two different petitions which raised the environmental points and the recent plea on EC shall be ruled by the orders of the apex courtroom solely.

Lawyer Shikhil Suri, showing for Suri, mentioned that one of many pending petitions challenged the grant of EC to the parliament challenge solely, however now the problem of grant of EC to total Central Vista challenge has come up.

“There is no such thing as a ‘We versus They’ right here. Our parliament is being constructed. In future additionally defence and finance ministry buildings shall be constructed”, mentioned Solicitor Basic Tushar Mehta, showing for the Centre, including that “non-public people” are earlier than the courtroom as additionally the “public spirited people.”

“The challenge has to undergo each stage of scrutiny {that a} citizen can invoke. The clearance granted was for the development of latest and renovation of the present parliament constructing”, Divan mentioned.

Opposing the grant of the EC, Divan mentioned a piecemeal strategy was adopted and your complete central vista challenge was wanted to be registered as a township challenge after which the EC ought to have been granted  Lately, the CPWD has supported the the challenge and sought dismissal of the pleas difficult it.

Earlier, the apex courtroom had mentioned that any change on the floor stage made by authorities for the Central Vista challenge shall be “at their very own threat”. It had made it clear that the destiny of the challenge, which incorporates a number of new authorities buildings and a brand new Parliament Home, will rely on its choice.

The pleas have challenged the grant of a no-objection certificates by the Central Vista Committee (CVC) and likewise the environmental clearances for the development of a brand new parliament home constructing.

One of many pleas was filed towards a Delhi Excessive Court docket order which had mentioned the Delhi Improvement Authority (DDA) was not required to apprise it earlier than notifying adjustments within the Grasp Plan to permit the Central Vista challenge.

The division bench of the Delhi Excessive Court docket had on February 28 stayed an order of its single choose bench which had requested the DDA to strategy the courtroom earlier than notifying any change within the Grasp Plan for going forth with the Centre’s bold challenge to redevelop the Central Vista.

The excessive courtroom’s keep order on the one choose bench’s February 11 route had come on the intra-court attraction of the DDA and the Centre.

The petitioners earlier than the excessive courtroom had opposed the Central Vista challenge on the bottom that it includes a change in land use of the inexperienced space adjoining Rajpath and Vijay Chowk for constructing new Parliament and authorities places of work.

Gujarat-based structure agency HCP Designs has received the consultancy bid for the Centre’s bold challenge to redevelop the Central Vista.

The revamp, which was introduced in September final 12 months, envisages a brand new triangular Parliament constructing, with seating capability for 900 to 1,200 MPs, that’s focused to be constructed by August, 2022 when the nation shall be celebrating its 75th Independence Day. The widespread Central Secretariat is prone to be constructed by 2024.

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