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This is an archive article published on June 20, 2020

Delhi: SC refuses to stay work on Central Vista project, says ‘govt is within law’

“Can we restrain authorities from acting as per law?” a Bench of Justices A M Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna asked the petitioner, who had pointed out that administrative clearances were being given and groundwork may begin if a stay was not granted.

Central Vista project, Supreme court, new Parliament building, redevelopment project, Delhi news, indian express news Under the project, a new Parliament building and central government offices will be constructed. (Photo: Amit Mehra)

The Supreme Court Friday refused to order a stay on work for the Central Vista project with the Centre stating that there was no violation of process in the grant of clearances for the Rs 20,000-crore redevelopment project in the heart of the National Capital.

“Can we restrain authorities from acting as per law?” a Bench of Justices A M Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna asked the petitioner, who had pointed out that administrative clearances were being given and groundwork may begin if a stay was not granted.

The court also said that it will hear the matter on July 7, and that all other proceedings related to the project will be considered in a consolidated manner.

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Earlier, Advocate Shikhil Suri, who appeared on behalf of the petitioner, Rajeev Suri, who is also an advocate, said that various construction activities associated with the project were being cleared despite the fact that the case is pending before the Supreme Court.

He said that environmental clearance has also been recommended for the project, and sought a direction against carrying out further steps.

“There is a series of various administrative clearances that is going on. No objection to clearances being granted. My prayer is for no change of ground situation even though there is paperwork,” Senior advocate Sanjay Hegde submitted on behalf of another petitioner, Lt Col (retd) Anuj Srivastava.

Appearing for the Centre, Solicitor General Tushar Mehta said the government cannot give an assurance that no work will be done on the ground. The court can direct that whatever happens will be subject to orders, and there is “no over-reaching of process of the Court”, Mehta said.

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The court said that any steps taken will be subject to the outcome of the petition.

The petitioner had approached the court challenging the notification issued by the Delhi Development Authority (DDA) regarding the project under which a new Parliament building and central government offices will be constructed.

Suri had earlier moved the Delhi High Court challenging the DDA notification for the project, following which a single judge directed the authority to approach the court before notifying land-use changes. This order was later stayed by a Division Bench of the High Court, prompting Suri to appeal to the Supreme Court.

The petitioner has alleged that there is an illegal change in land use and that a government notification on March 20, which supersedes a public notice issued by the DDA on December 19, 2019 is a subjugation of rule of law and judicial protocol as the notice is under challenge before the Supreme Court.

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