CENTRAL VISTA CASE STUDY Flashcards
What is Central Vista?
Central Vista is a 3.2 kilometre stretch in Delhi which houses Rashtrapati Bhawan, Parliament House, North and South Block, India Gate, National Archives among others. All these iconic buildings were constructed before 1931, the year in which the new capital was inaugurated. The Central Vista Redevelopment Project is a government’s plan for the construction of a new parliament building which will be close to the existing one.
Central Vista Project – Overview
The Union Ministry of Housing and Urban Affairs proposed a Central Vista redevelopment project in 2019.
The project intends to construct a triangular-shaped Parliament building next to the existing one, construction of Common Central Secretariat, revamp of the 3 kilometres long Rajpath from Rashtrapati Bhavan to India Gate.
It also includes the conversion of North and South Blocks into museums and the development of Central Vista Avenue.
To accommodate the offices of various ministries, 87 storied buildings will be built for the common Central Secretariat.
Nirman Bhavan, Krishi Bhavan, and Vigyan Bhavan will be demolished under this project.
Central Vista Redevelopment – Need of Revamping
Inadequate facilities and infrastructure of the Parliament building to meet the current demand.
The offices of the Central Government are spread over different locations which affect inter-departmental coordination, and unnecessary travel leading to congestion and pollution.
Most of the existing buildings have outlived their structural lives.
Central Vista Project – Aim
The Central Vista Redevelopment Plan is proposed to meet the present and future needs of space for the Parliament, Ministries and Departments, as well as to provide better public facilities, amenities, parking facilities, etc. Citing fire safety, acoustics concern, the dilapidated condition of the century-old construction, the redevelopment project is planned.
Under this ambitious project, there will be a new Parliament building by July 2022 and a common Central Secretariat by March 2024.
Once this project is completed, the strength of the parliament has been expected to increase from 545 seats to 900 seats.
The project also envisions to improve the beauty of Central vista to make it a world-class tourist attraction
Central Vista Background
The Plan of Central Vista Redevelopment extends from Rashtrapati Bhavan to India Gate. It includes North Block, South Block, the Parliament building and other central government secretariat buildings and all the plots of land immediately around them along the Rajpath.
Background –
In December 1911, King George V made an announcement in Delhi Durbar (a grand assembly) to shift the capital of India from Calcutta to Delhi. Delhi Durbar was hosted to mark the coronation of King George V.
The task of constructing a new city was given to Edwin Lutyens, known for his strong adherence to European Classicism and Herbert Baker, a prominent architect in South Africa.
Herbert Baker is also the architect of the Union buildings at Pretoria, South Africa.
Parliament House building was designed by both Lutyens and Baker.
Madhya Pradesh’s Chausath Yogini Mandir is the temple which inspired the design of Indian Parliament.
Rashtrapati Bhavan was designed by Edwin Lutyens.
The Secretariat which includes both north and south block was designed by Herbert Baker.
WHAT WAS THE CASE AND THE RESULTS
Court grants clearance to Central Vista redevelopment project and construction of new parliament building.
On January 5th, a 2:1 majority of the Supreme Court cleared the Central Vista redevelopment project. As the name suggests, the project will redevelop Delhi’s Central Vista – a heritage site – and will include constructing an entirely new building for Parliament. The Central Government says that the project is about creating a larger, more efficient workplace for India’s highest legislative branch and ministries. Others say that the current Government is mainly concerned with a legacy building.
The petitioners had challenged the project on various grounds revolving around the approval process. They contested that the Government had rushed obtaining regulatory clearances, effectively circumventing the necessary scrutiny in monetary, environmental and other matters. Further, they asserted that the Government had failed to adequately consult the public. Ultimately, the majority opinion concluded that the Government had lawfully gained all approvals. Authoring the majority, Khanwilkar J emphasized that the Supreme Court exercises very limited scrutiny over the executive when it came to policy.
Authoring the dissent, Khanna J held that that the project suffered from several irregularities. Notably, he concluded that the Government didn’t sufficiently consult the public, failed to take prior approval from the Heritage Conversation Committee and obtained inadequate environmental clearance.
WHAT WAS THE CENTRAL VISTA CASE
All the controversies or disputes related to the project have been invariably landing in the Delhi High Court and the Supreme Court, the latest being a PIL by a lawyer seeking a direction to the Lok Sabha Secretariat for the inauguration of the new Parliament building by President Droupadi Murmu.
Two days before the inauguration of Parliament by Prime Minister Modi, a vacation bench of the top court junkED the PIL filed by Tamil Nadu-based lawyer Jaya Sukin.
The first court case against the project was filed in 2020 in the Delhi High Court by Rajeev Suri and Anuj Srivastava and others assailing the grant of Environmental Clearance and the approval by the Delhi Urban Art Commission (DUAC) and the Heritage Conservation Committee for land use change as per the DDA Act and selection of design consultant, etc.
On February 11, 2020, a single judge bench of Justice Rajiv Shakdher of the high court directed the Delhi Development Authority (DDA) to approach the court before notifying any change to the Master Plan for going ahead with the project.
The Centre challenged the order before a division bench of the high court which on February 28, 2020, stayed its single judge's direction to the DDA.
Later, the top court, in March 2020, transferred to itself the matter from the Delhi High Court in "larger public interest" and it also heard other fresh petitions challenging the project together.
The Supreme Court, on January 5, 2021, came out with its verdict and, by a majority of 2:1, gave the green signal to the Rs 13,500 -crore Central Vista revamp project, holding there was "no infirmity" in the grant of environment clearance and permissions for change of land use.
The majority verdict had observed that it cannot jump to put a "full stop" on the execution of policy matters and the courts cannot be called upon to "govern".
Justice Sanjiv Khanna gave a dissenting judgement in which he touched upon issues like the "failure" to take prior approval from the Heritage Conservation Committee(HCC). He also said public participation is not to be a mechanical exercise or formality.
Then, in April 2021, translator Anya Malhotra and historian and documentary filmmaker Sohail Hashmi filed a PIL in the Delhi High Court seeking suspension of construction work, raising health and other safety concerns during the second WAVE OF THE COVID-19 PANDEMIC.
The Delhi High Court bench of then chief justice DN Patel and Justice Jyoti Singh, on May 31, 2021, allowed the construction work of the project to continue, saying it was a "vital and essential" national project.
The high court dismissed the PIL with costs of Rs 1 lakh. The top court also refused to entertain the appeal against the high court's order and refused to remove the costs imposed on the petitioners.
The petitioners selectively challenged the Central Vista project, leaving out other project works, the apex court bench had said.
The top court also dealt with the pleas challenging the design of the lion statue atop the new Parliament building. The court held that the lion sculpture did not violate the State Emblem of India (Prohibition of Improper Use) Act, 2005.
The top court also dealt with the pleas challenging the design of the lion statue atop the new Parliament building. The court held that the lion sculpture did not violate the State Emblem of India (Prohibition of Improper Use) Act, 2005.
The petitioners, lawyer Aldanish Rein and others, had claimed that the lions in the emblem appeared to be ferocious and aggressive with their mouths open and canine visible.
The PIL had said the lion sculptures at Sarnath, the original source of the national emblem, look "calm and composed".
The last one was the PIL by advocate Jaya Sukin seeking a direction to the Lok Sabha Secretariat for the inauguration of the new Parliament building by President Droupadi Murmu.
"What is your interest in filing this petition? We understand why you have come with such petitions. Sorry, we are not interested in entertaining this petition under Article 32 of the Constitution. Be grateful, we are not imposing costs," a vacation bench comprising justices JK Maheshwari and PS Narasimha.
Sukin said under Article 79, the president is the executive head of the country and she should have been invited.
Built at an estimated cost of Rs 1200 crore, the new Parliament building can comfortably seat 888 members in the Lok Sabha chamber and 300 in the Rajya Sabha chamber.
In the case of a joint sitting of both Houses, a total of 1,280 members can be accommodated in the Lok Sabha chamber.
