Central Vista redevelopment: Delhi HC directs DDA to approach Court before notifying proposed changes

The Delhi High Court has directed the Delhi Development Authority to approach the Court before notifying the proposed land-use changes in the city's Central Vista. .The order was passed by a Single Judge Bench of Justice Rajiv Shakdher while hearing two petitions concerning the re-development of Central Vista..While one petition (Rajeev Suri v. DDA & Ors.) assails the Public Notice inviting objections against the change of land use of several plots of land in Central Vista, the other petition (LT. COL Anuj Srivastava (Retd.) and Ors v. DDA & Ors.) challenges the public hearing which was held subsequently. .The Court has issued notice to the DDA and Central Government in the petitions and directed them to file their counter-affidavits within two weeks. .On December 21, 2019, DDA had invited comments/ objections for the change of land use of several plots of land in Central Vista area in New Delhi..According to Petitioner, Rajeev Suri, this notice was not in conformity with the Master Plan Delhi 2021 as well as other relevant laws. .Suri has submitted that the “ill-conceived land use changes” will deprive Delhi of its most iconic Central Vista which is “steeped in historicity and known for pomp and pageantry of the Republic of India”..It is Suri's stance that the change in Land Use could not be a matter of routine by issuance of a Public Notice, without taking the special status of Central Vista..He has also raised concerns of loss of green areas, pubic and semi -public spaces..The Petition preferred by Lt. Col. Anuj Srivastava (retd) and six others, on the other hand, has assailed the Notice dated February 5, 2020 issued by the DDA. This Notice had called a public hearing in connection with the change in land-use in Central Vista on very next dates. ie Februray 6 and 7. .The Petitioners had filed their objections before the DDA in pursuance of its public notice dated December 21, 2020 with respect to the proposed changes in land use in the Central Vista area in New Delhi..In their Petition filed through Advocate Ankit Yadav, the Petitioners have informed that about 1292 objections were submitted to the DDA, demonstrating how the proposed change in land use was completely illegal, irrational, arbitrary, unreasonable, baseless and contrary to public purpose..The Petitioners have pointed out not only was "extremely short notice" provided to the parties, but as per the published scheduled for the hearing, as many 200 people were called within some time slots of only one hour, rendering any public hearing completely meaningless and impractical..In spite of great difficulty due to the short notice, some of the Petitioners attended the public hearings but realized that “the public hearing was conducted in a mechanical manner which demonstrated complete non-application of mind”..It is also contended that when certain clarifications/ information was sought by the Petitioners, the DDA representatives expressly told them that they would not respond at all and the Petitioners were only supposed to make their submissions..In view of the above, it the Petitioners’ stand that the Notice was in violation of the principles of natural justice. It is alleged that the Notice has been issued in the most irrational, arbitrary and unreasonable manner and violates fundamental and other legal rights of the Petitioners..Aftert hearing the parties, the Court opined that the points articulated by the petitioners needed further examination. It thus directed the Centre and DDA to file their response and orderd, ."In case, a decision is taken up to notify the proposed changes in MPD 2020-21, the DDA will approach the Court before notifying the change."Delhi High Court.Petitioners Lt. Col Srivastava and others were reprensted by Senior Advocate Sanjay Hegde with Advocate Ankit Yadav..Petitioner Rajeev Suri was represented by Advocates Shiv Kumar Suri, Shikhil Suri, Vinishma Kaul, Shilpa Saini..DDA was represented by Satnding Counsel Pawan Mathur. .Centre was represented by Standing Counsel Vikas Mahajan with Advocates Aakash Verma, Prajesh VS, Anil Kumar, Deepak Goyal..Read the Order: