SC clears construction on Games Village site

Removing all legal hurdles from the Village’s path,the three-member Bench of Chief Justice K G Balakrishnan and Justices P Sathasivam and B S Chauhan said: “In view of our conclusion,the Delhi Development Authority (DDA) and other authorities are free to proceed with the work at the Games site.”

The decision,eagerly awaited by the Delhi government,the Union ministries of Environment,Urban Development and Sports as well as the Games’ organising committee,overruled an earlier conclusion by the Delhi High Court that the Village site was on a “riverbed”.

The court said that the High Court’s observation that the site was on a ‘riverbed’ could not be sustained. “The High Court disregarded and ignored material scientific literature and the opinion of experts and scientific bodies which have categorically held that the CGV site is neither located on the ‘riverbed’ nor on the ‘floodplain’,” the apex court’s decision read.

Justice Sathasivam pointed out that the High Court had arrived at a “contrary conclusion” despite the site’s changed land-use,approved “way back in 1999 by the Yamuna Committee”.

The court said the National Environmental Engineering Research Institute (NEERI) — an assessing authority of influences on the environment — had allowed the DDA to use Pocket III in the area for “public and semi-public purpose”. The Village is in Pocket III,beyond the embankment.

In 2005,the Supreme Court had approved the construction of the Akshardham temple — also in Pocket III and 1.7 kilometres saway from the Yamuna.

Providing a major leg-up to the constructions going on at full swing in the Village site,the Supreme Court also set aside a High Court directive to appoint an expert committee to examine and monitor these constructions.

The apex court also said that the committee approved by Prime Minister Dr Manmohan Singh,with the Lieutenant-Governor as its chairperson,Delhi chief minister its vice-chairperson and representatives of other departments,should monitor the work here in association with renowned environmentalist Dr R K Pachauri.

The High Court on November 3,2008, had ordered that a committee under Dr Pachauri check on the construction at the Village site.

Aggrieved at the High Court’s decision,the government had approached the Supreme Court. Attorney General G E Vahanvati and Solicitor General Gopal Subramanium argued for the government.

SC frowns on hearing delayed PILs
The Supreme Court on Thursday came down heavily on the High Court for entertaining a batch of public interest litigations (PILs) that opposed the construction of the Commonwealth Games Village.

The apex court said PILs “should be thrown out” if they challenge a project that has already started. The court also observed they had been filed after an inordinate delay since the land-use of the site was changed in 1999. The decision to host the Commonwealth Games was also taken back in 2003,the court said.

But petitioners Rajendra Kumar and Vinod Kumar Jain approached the court only in 2007.

The apex court noted: “Unfortunately,the High Court has lost sight with regard to these material aspects.”