[Central Vista] 'When Final Decision Is correct, Can It Be Questioned Just Because 'Advisory' Body Didn't Do Its Job Properly?' SC Asks Sr. Ad. Sanjay Hegde

The Supreme Court on Monday resumed hearing on the challenge to the Central Vista project and the government's proposal to construct a new Parliament in Lutyen's Delhi. A bench of Justices AM Khanwilkar, Dinesh Maheshwari & Sanjeev Khanna had earlier decided to hear the challenge on 3 issues, vis-à-vis change of land use, violations of municipal law, violations of environmental law. Subsequently, the Court disposed off the petitions challenging change in land use of plot number 1 of the Central Vista Project, adding that it will be taken up at a later stage as the decision on its usage had not yet been taken by the Government."Had the administrative authority given the same patient hearing that we have got before the Supreme Court, many of us would not be here. Also, a lot of paperwork which was not originally available, is now present in public domain", began Senior Advocate Sanjay Hegde on Monday on behalf of certain petitioners."The SG had said 'what kind of people are these who want to stop a new Parliament building?'. We are patriotic citizens who are heritage and architecture enthusiasts. And we don't want to stop anything. Our only concern is that if a public architecture is being built for 150-200 years, then the government must proceed in a clear, transparent manner, in accordance with the law, and ensure public participation", he advanced."Architects see things in terms of spaces, and this is a space which is sacred to modern India in terms of its history. So we need to appreciate the considerations relevant to the architects, the people using the space and the people sanctioning the development", he continued."Your Lordships had asked if the same standard would apply in case there is only an extension or a refurbishment as against when a totally new structure is being brought into existence? The Karnataka HC was built in the 1800s as a secretariat for British India. It later became a HC. In the 90s, there was a proposal to demolish it and similar questions as to heritage arose. A petition was filed but the HC upheld the proposal. It came to the SC and the SC did intervene. Finally, you had a whole new building, identical to the existing building, built into the structure and the new and the old buildings were merged together! A similar thing happened with the Delhi HC recently, where a new building has been integrated into the existing facade facing the road. There is nothing disproportionate about it. The new building reflects what the old one did!", argued Mr. Hegde, also sharing pictures of the Delhi HC as it stands today.He took the bench through a 2017 paper on the history of the architecture of the SC of India, demonstrating the process that was followed and the efforts that were put in which resulted in the present building in 1958. He quoted that the "law banks on visual means of representation" which includes the "physical architecture of the court buildings, spacial arrangements, and even the artifacts and the paintings", without which "justice is unrecognised". He advanced that when the Supreme Court was built, a model was placed for public consultation. He showed a picture of the then President of India, Dr. Rajendra Prasad, examining a scale model of the Supreme Court prior to the building coming into existence. He narrated how it was deliberated whether the Supreme Court building should be in the Capital city or at a more central location, and how post detailed discussions, it came to be in Delhi."What is the purpose of extensively going through this document?", asked Justice Khanwilkar."To canvass the elaborate efforts that went into constructing the SC building as it stands today, as opposed to what is being done now in context of an entire section of Delhi, which is the heart of the country", replied Mr. Hegde.Continuing, he delved into the chronology of events that resulted in a decision on the part of the government to redevelop the Central Vista area- In view of the national importance of Central Vista and Secretariat Complex situated on Rajpath, New Delhi, the Ministry of Works Housing and Supply (Now Ministry of Housing & Urban Affairs) in 1962 felt the need for the planned development to bring the entire area under strict architectural control so that no construction or development in the area extending from the Rashtrapati Bhawan to the hexagon around the India Gate shall take place without the specific approval of the Govt. of India in the MoHUA. It was therefore decided to form a specialised study group of architects and town planners to advise the Government of India on the development aspect of the Central Vista and Secretariat Complex. Accordingly, a committee/study group was constituted by the MoHUA to advise the Government of India, which was reconstituted in 2002 and 2019. "The body is now called the Special Advisory Group of Central Vista and Central Secretariat", said Mr. Hegde."As regards the proposal towards land-use change, there was a March 6 order of Your...

[Central Vista] 'When Final Decision Is correct, Can It Be Questioned Just Because 'Advisory' Body Didn't Do Its Job Properly?' SC Asks Sr. Ad. Sanjay Hegde

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