New Delhi: The Supreme Court on Tuesday cleared the way for the Central Government's ambitious plan to redevelop New Delhi's iconic central vista and build a new parliament for the country.
A three-member bench led by Justice AM Khanwilkar said they found no infirmity in the various environmental and land use clearances obtained for the project and that the exercise of power by the Central Government under the DDA Act was "just and proper".
The apex court was ruling on twin petitions by giving its judgment on the challenging the government's plan to change the land use of the area, the grant of environment clearance to the project in a piecemeal manner and the prior lack of clearances by heritage committees.
The bench though said that the project should be cleared by the Heritage Conservation Committee as required before start of any construction at the site.
Not going into 'moral or ethical' matters
The court said that in the absence of a legal mandate it was not going into the questions raised by the petitioners on the wisdom of the government now spending money on the project
The judges said they wanted to act within the boundaries defined by the Constitution, and not guide the government on moral or ethical matters without any legal basis.
"We cannot be called upon to govern. For, we have no wherewithal or prowess and expertise in that regard, " the bench said.
The Central Vista revamp, which covers a three-km stretch from Rashtrapati Bhavan to India Gate, includes building a new Parliament building at an estimated cost of Rs 971 crore by August, 2022 when the country celebrates its 75th Independence Day. Prime Minister Narendra Modi had in December laid the foundation stone for the new Parliament.
The project has been opposed by green activists, heritage enthusiasts and conservationists on the ground that it would destroy the existing heritage and greenery of the area.
Justice Sanjiv Khanna though dissented with the majority of Justices Khanwilkar and Dinesh Maheshwari raising two points - there was no prior nod of heritage conservation committee nor public participation at any stage, whether in granting change of land use or in environmental clearance
Justice Khanna however agreed with the majority on the "aspects of Notice inviting Bid, award of consultancy and the order of the Urban Art Commission".
The court also directed that the project proponent set up smog tower and use anti-smog guns at the site and use environment friendly construction material and practices.
A three-member bench led by Justice AM Khanwilkar said they found no infirmity in the various environmental and land use clearances obtained for the project and that the exercise of power by the Central Government under the DDA Act was "just and proper".
The apex court was ruling on twin petitions by giving its judgment on the challenging the government's plan to change the land use of the area, the grant of environment clearance to the project in a piecemeal manner and the prior lack of clearances by heritage committees.
The bench though said that the project should be cleared by the Heritage Conservation Committee as required before start of any construction at the site.
Not going into 'moral or ethical' matters
The court said that in the absence of a legal mandate it was not going into the questions raised by the petitioners on the wisdom of the government now spending money on the project
The judges said they wanted to act within the boundaries defined by the Constitution, and not guide the government on moral or ethical matters without any legal basis.
"We cannot be called upon to govern. For, we have no wherewithal or prowess and expertise in that regard, " the bench said.
The Central Vista revamp, which covers a three-km stretch from Rashtrapati Bhavan to India Gate, includes building a new Parliament building at an estimated cost of Rs 971 crore by August, 2022 when the country celebrates its 75th Independence Day. Prime Minister Narendra Modi had in December laid the foundation stone for the new Parliament.
The project has been opposed by green activists, heritage enthusiasts and conservationists on the ground that it would destroy the existing heritage and greenery of the area.
Justice Sanjiv Khanna though dissented with the majority of Justices Khanwilkar and Dinesh Maheshwari raising two points - there was no prior nod of heritage conservation committee nor public participation at any stage, whether in granting change of land use or in environmental clearance
Justice Khanna however agreed with the majority on the "aspects of Notice inviting Bid, award of consultancy and the order of the Urban Art Commission".
The court also directed that the project proponent set up smog tower and use anti-smog guns at the site and use environment friendly construction material and practices.
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7 Comments on this Story
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| priyanshu laddha2 hours ago Cool Dude is totally fool man. always blame supreme court. he is a dumb . I respect honorable supreme court but people like him find ways to attack government and honorable supreme court. you can't become a judge in supreme court so don't attack them. first develop yourself . |
| Madan R3 hours ago The last vestige has also fallen. Sad. |