Supreme Court upholds Central Vista Project & new Parliament in New Delhi by 2:1 verdict

A bench of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna, on Tuesday, gave its approval for the New Central Vista project under which the new Parliament building is to be built, in a 2:1 judgment. Pronouncing the verdict on the batch of pleas which have questioned several aspects including the environmental clearance granted to the ambitious project, Justice Khanwilkar said that the exercise of the Central Government under DDA Act is legal and valid and the impugned notification stands confirmed. He also said that the Recommendation by Environmental Committee is also just and legal. While Justices AM Khanwilkar, Dinesh Maheshwari had the majority opinion, Justice Khanna gave a separate judgment.

Justice Khanwilkar directed that smog towers are to be installed and installation of the same be carried out during construction. "Modifications regarding change in land use in plot 228 of master plan of Delhi and zonal development plan for zone C & D stands confirmed. The project proponent will set up smog towers as being an integral part of the new parliament building project. The respondents shall obtain prior permission before actually starting any redevelopment work. Selection Appointment in the present case is held to be just and proper."

In the minority opinion, Justice Khanna said, "I have agreed on the aspect of notice inviting bid, award and order of urban commission with the opinion of respected brother Justice Khanwilkar. However, on the aspect of change of land use, I have held that the same was initiated as being bad in law. Two reasons for that are - No disclosure for public participation and no prior approval of the Heritage Conservation Committee. I have accordingly remitted the matter of the Heritage Conservation Committee."

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The Central Vista is a heritage project, declared in the 1962 Master Plan of Delhi as an “important site to meet the aspirations of a rich culture”. Under it, the new Parliament Building Complex will be spread over 64,500 square metres. The building will be bigger than the current Parliament building so as to seat 888 MPs in the Lok Sabha chamber and 384 MPs in the Rajya Sabha chamber. Moreover, all parliamentarians are expected to get separate offices in the new complex.

What is Centre's stance on the issue?

Centre had told the bench in the top court that there would be only foundation stone-laying ceremony, and no construction, demolition or felling of trees would be done for the project till the verdict is out. The Centre had argued in the top court that the project would "save money" which is paid as rent for housing central government ministries in the national capital. It had submitted that the decision to have a new Parliament building has not been taken in haste and no law or norms have been violated in any manner for the project. The Centre had also said there was no arbitrariness or favouritism in selecting consultants for the project and the argument that the government could have adopted a better process cannot be a ground to scrap the project.

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What did PM Modi and others say at the stone-laying ceremony?

Prime Minister Narendra Modi had laid the foundation stone on December 10, for the new Parliament building. Lok Sabha Speaker Om Birla had said that the construction is expected to be completed by 2022 at an estimated cost of Rs 971 crore. PM Modi called the day of Bhumi Pujan of the project as "historic" and said that the people of India together will construct this new building of the Parliament. "This is a day of pride for over 130 crore Indians when we are witnessing this historic moment. The new Parliament building is an example of the co-existence of the new and the old. This is an effort to make changes within oneself in accordance with the time and needs," the Prime Minister had said. 

President Ram Nath Kovind called it a 'historic moment' for the country, adding that it was a 'momentous milestone' in the journey of our strong and vibrant democracy. The President also called the new Parliament 'an expression of Unity in Diversity' of both traditional ethos and values of new India. 

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What observations were made by the Apex Court?

The Apex Court had earlier said that any change at the ground level made by authorities for the Central Vista project will be "at their own risk". It had made it clear that the fate of the project, which includes several new government buildings and a new Parliament House, will depend on its decision. On November 5, the apex court had reserved its verdict on a batch of pleas which had raised questions over the Centre's ambitious Central Vista project, which covers three km stretch from Rashtrapati Bhavan to India Gate in Lutyens' Delhi. On December 7, 2020, the top court had allowed the Centre to proceed with the foundation stone-laying ceremony for the Central Vista project on December 10.

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