Plea In SC Challenges Centre's Decision To Notify A Change In Land Use On Central Vista Project [Read Petition]

It has been contended that the Government's notification, dated March 20, 2020, which supersedes a Public Notice issued by the Delhi Development Authority (DDA) on December 19, 2019, is a subjugation of Rule of Law and judicial protocol as the 2019 notice is under challenge and being heard by the Supreme Court itself.

With regard to the Government's Rs. 20,000 crore Central Vista project, the DDA issued a Public Notice inviting objections against proposed changes in land use in December 2019. This notification was challenged in the Delhi High Court, by one Rajeev Suri, as ultra vires Section 11A of the Delhi Development Act 1957 as well as being beyond the powers of DDA to do so. It was further contested that the plan was not in conformity with the Master Plan of Delhi 2021 (MPD2021) and in violation of "larger laws of the country". The Top Court later transferred the matter to itself.

On March 20, 2020 the Centre notified a change in land use pertaining to approximately 86 acres of land in the heart of Lutyens Delhi, marked by structures like the Parliament, Rashtrapati Bhavan, India Gate, North Block and South Block amongst others. The same petitioner, Rajeev Suri, has moved the Apex Court with this fresh plea against the Centre's notification.

Urging the Court to quash the March 2020 notification issued by the Ministry of Housing and Urban Affairs, the petitioner argues that the decision is in violation of a citizen's extended version of Right to Life guaranteed under Article 21. Calling it a brash move, Suri claims it will deprive people of enjoying highly treasured open and green spaces.

"(The notification) is violative of Article 21 of Constitution of India and, violates the extended version of Article 21 the Right to life, guaranteed by the Constitution of India. That Respondent No. 1 brashly issued Notification No. SO 1192 (E) dated 20th March 2020, changing land use, which will deprive residents of Delhi and citizens of India a vast chunk of highly treasured open and green space in the Central Vista area, available for public, semi-public, social and recreational activity, stands against Article 21, Right to Life the right to enjoyment of a wholesome life."

The plea further invokes Article 49 of the Constitution to assert that the State is obligated to protect places and objects of national importance. Citing the Public Trust Doctrine to buttress this point, the petitioner urges that it is "upon the State to protect such resources for the use of the general public, rather than to permit it only for use of a certain class or section of the people."

Moving on, Suri points out that the March 2020 notification is contrary to MPD2021 and places chapter-wise details of such contradictions.

It is argued that while Chapter 8 of MPD2021 seeks to decentralize government office spaces in the National Capital Region, the new notification, "in stark contrast of the vision and mandate of Chapter 8", seeks to increase government offices and cramp up the limited space available in Central Vista.

The notification is also contested as negligent and disregardful of Chapter 10, which articulates a special place for conservation of heritage buildings and heritage zones. Though the Chapter emphasises that "built heritage of Delhi needs to be protected, nourished and nurtured, and the aim of all the agencies must frame policies and strategies for conservation, with appropriate action plans", the Government notification is in contradiction, it is submitted.

According to Chapter 16, continues Suri, Zonal Plans must be prepared within 12 months of approval of MPD 2021. However, no Zonal Development Plans have been drawn up for Zone D, which is subject of the December 2019 Public Notice.

The petitioner also highlights further discrepancies with regard to Chapters 9,11 and 17. Alluding to these, it is stated on the whole that the Centre "is being irresponsible and legally disrespectful to its own statutory document, the Master Plan Delhi MPD 2021."

It has additionally been prayed that the Centre and DDA be restrained from making any modifications or alterations pursuant to the March 2020 notification as the Centre ought not to have taken such action while the matter is pending before Supreme Court in the first place. "The Union of India…has overreached this Hon'ble Court, acted prematurely, with haste, displaying derogation of Rule of Law and scant regard of orders of this Hon'ble Court."

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