Supreme Court refuses to interfere with Central Vista project, asks HC to grant early hearing

The Supreme Court on Friday declined to consider a plea against the Delhi High Court's order to adjourn a matter for halting construction works under the Central Vista Project due to the Covid-19 pandemic.

A bench of Justices Vineet Saran and Dinesh Maheshwari said the High Court was already seized of the matter. The court granted the petitioners liberty to mention the matter before the Chief Justice of Delhi High Court for early hearing.

The bench also asked the High Court to preferably consider the plea for an early hearing.

Solicitor General Tushar Mehta, representing the Centre, submitted that the High Court has kept the matter for hearing on May 17.

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Senior advocate Sidharth Luthra, representing the petitioners, Anya Malhotra and Sohail Hashmi argued, "We are facing a humanitarian health crisis. If this project is deferred by four to six weeks nothing will happen.”

He said the IPL has already been suspended.

Mehta, on the contrary, said that the petitioners coming to court by way of a PIL and filing a plea against an adjournment order of the High Court raised serious doubt. He also said allowing an appeal against an adjournment would set a wrong precedent.

Luthra said that when human life is concerned, government has to protect. From April to May, the positivity rate of Covid-19 in Delhi has increased and number of deaths have gone up, he pointed out.

“This matter needs consideration. We’re at a stage where the health system has broken down, people are dying," Luthra contended.

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The bench responded that it is aware of the situation, but the court cannot make comments about the deaths, as it may be taken otherwise.

Luthra said there are eight sites which are undergoing construction.

"We’re not concerned with all, rather we are only concerned with Rajpath, Central Vista stretch and the gardens," he said.

He also asked, “How can construction be an essential activity? In a health emergency, we can’t risk life of workers and their families and put more pressure on healthcare system.”

After a detailed hearing, the bench said since the matter is pending before High Court and appeal is against order of adjournment, the court is not inclined to enter into the merits of the case.

The petitioners asked the court to halt the construction due to Covid-19 situation in the national capital and the threat posed by the construction work as a potential super spreader.

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“Not only does the ongoing construction activity have the potential of being a super spreader event, it is also in clear breach and violation of the orders passed by the Delhi Disaster Management Authority," the plea filed through advocate Nitin Saluja said.

The plea added that petitioners did not seek restraint on any other part of the project such as the construction of the new Parliament building, where, according to information received, provision has been made for onsite accommodation of workers.

The apex court on January 5 gave the Union government a go-ahead for constructing new Parliament and other buildings for ministries here with proposed cost of Rs 20,000 crore. Prime Minister Narendra Modi laid the foundation stone for the project on December 10.