Central Vista: Supreme Court dismisses plea challenging change in land use

The Supreme Court on Monday dismissed a plea seeking quashing of notification issued by the Union of India notifying change in land use in the Central Vista area of Lutyens Delhi (Rajeev Suri vs. Union of India Through MoHUA).A Bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar said that unless the petitioner is alleging malafides, the Court cannot interfere since it is a matter of policy."Petitioner has not argued that change in land use is in a malafide manner. It is the argument of the petitioner that since in the past it was recreational area it should have been retained like that. This cannot be scope of judicial review. It is the for the authority concerned and is a matter of public policy," the Court ruled..The petition filed by Rajeev Suri and argued by advocate Shikhil Suri, claimed that the notification was violative of Article 21 of the Constitution and will deprive the residents of Delhi green, open space in Central Vista.It was further submitted that the change will result in deprivation of recreational play area to children and the right to mass transportation systems.“Respondent No. 1 malafidely issued Notification S.O. 3848 (E) dated 28.10.2020 notifying the change in 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 social and recreational activity, stands against Article 21, Right to Life the right to enjoyment of a wholesome life,” it said.The petitioner also contended that the Central government betrayed the trust of the public by issuing the notification with the intention of usurping free open spaces in Central Vista area that belongs to the people of India.“The Central Vista is the most cherished open space in New Delhi and perhaps India, a symbol of their nationhood, and the publicness of this cherished open spaces land is being compromised which is a great betrayal of the Public Trust Doctrine," the petition said..Suri had earlier challenged the public notice dated March 4, 2020 with regard to the change in land use.The Supreme Court, however, disposed of that plea on August 28, 2020 stating that final decision had not been taken yet and the petitioner would be free to approach the court as and when a final decision is taken.Suri had also challenged the Central Vista project in 2020 contending that the alterations envisaged by the Centre arguing that they involve changes to land use and standards of population density and that the DDA is not vested with the requisite power to bring about such changes. He submitted that the power for bringing about such changes, if at all, lies with the Central government.That plea was filed before the Delhi High Court but the Supreme Court had transferred the matter to itself and dismissed it by a majority of 2:1 which paved the way for full fledged construction of the project.