The Supreme Court on Friday decided that all cases concerning land use changes and other allied issues relating to redevelopment of Lutyen’s Delhi’s Central Vista area should be heard by it, considering the larger public interest involved in the matter.
In order to do so, a bench of justices AM Khanwilkar and Dinesh Maheshwari transferred the cases being heard by the Delhi High Court on this issue to the Supreme Court.
“…in larger public interest, we deem it appropriate that the entire matter pertaining to challenge pending before the high court is heard and decided by this court expeditiously,” the top court ordered.
The court was hearing an appeal filed against a February 28 order passed by a division bench of the high court which had granted relief to the Central government by staying a judgment by a single judge bench of the high court.
The Central Vista houses iconic buildings like the Parliament House, Rashtrapati Bhavan, the North and South Block buildings, which house important ministries, and the India Gate. The Union government is proposing to redevelop the Central Vista by constructing a new Parliament house, a new residential complex that will house the Prime Minister and the Vice President besides several new office buildings.
The single judge bench of justice Rajiv Shakdher had, on February 11, ordered that the Delhi Development Authority (DDA) should approach the high court before notifying the proposed changes in the land use.
The order was passed in two petitions, one filed by Rajeev Suri and the other by Lt Colonel Anuj Srivastava. Suri challenged the alterations proposed by the government on the ground 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 submitted that the power, if at all, for bringing about such like changes lies with the Central government.
Srivastava, meanwhile, challenged the public hearings held to raise objections to the exercise, arguing that the hearings were a mere formality devoid of any meaningful exercise.
“In case, a decision is taken to notify the proposed changes in Master Plan Delhi 2020-21, the DDA will approach the court before notifying such decision,” Justice Shakdher had ordered while issuing notice to the Centre and DDA in both the petitions.
The division bench of Chief Justice DN Patel and Justice C Hari Shankar, however, stayed the order of Justice Shakdher prompting Suri to move the Supreme Court.
“In our opinion, it is just and proper that the writ petition itself is heard by this court instead of examining the grievance about the manner in which the interim directions have been passed and then vacated by the high court,” the Apex court said transferring both the petitions to itself.
