'Central Vista Project Of National Importance' : Delhi High Court Dismisses Plea To Suspend Work Amid COVID; Imposes Rs 1 Lakh Cost On Petitioners

A division bench of Chief Justice DN Patel and Justice Jyoti Singh today dismissed with costs of Rs.1,00,000/- a public interest litigation seeking the temporary suspension of construction work on Central Vista Redevelopment Project, in light of CovidThe court said that the government had already stated that the workers were "staying on site" and all arrangements had been made to ensure Covid-19 appropriate behaviour on site.Therefore, the court refused to stay the construction work on the project stating that, "As the workers are staying on site, no question of suspending the construction work arises in light of Covid-19."The court also termed the petition a "motivated petition" and not a "genuine public interest litigation".The bench said, "The Delhi Disaster Management Authority (DDMA) order in question nowhere prohibits construction work. The legality of the project has been upheld previously by the Supreme Court itself. They are supposed to complete the work by Nov, 2021. Time is of essence in the contract. The work has to be completed.""We completely disagree with the learned Senior Counsel appearing for the Petitioners that the project is not an essential activity. The Project in question is of vital importance and essential and has a direct nexus with the main project, namely, Central Vista Project. By no stretch of imagination, it can be said that Central Vista Project (which is the main project) or Central Vista Avenue Redevelopment Project is not an essential project. The Central Vista Avenue Redevelopment Project which is a sub-set of the main projec tis equally important and essential as the main project", the Court said in the order. Earlier, pursuant to the Supreme Court's direction to approach the High Court for an early hearing of petition seeking temporary suspension of the Central Vista Project in light of Covid-19, the petitioners had approached the Delhi High Court which had directed the petitioners to file a fresh application in the matter.Delhi High Court refuses to stay construction work on #CentralVista Redevelopment project stating that as the workers are staying on site, no question of suspending the construction work arises in light of #Covid19.— Live Law (@LiveLawIndia) May 31, 2021 The bench had reserved verdict on May 17 after hearing Senior Advocate Siddharth Luthra for the Petitioners, Solicitor General Tushar Mehta for the Central Government and Senior Advocate Maninder Singh appearig or Shapoorji Pallonji Group, the project contractor.Right to life paramount: Sr. Adv Siddharth LuthraSenior Advocate Siddharth Luthra appearing for the Petitioners pleaded that right to life and health is of paramount significance and hence, the project may be halted in view of rising number of Covid-19 cases.He submitted that the authorities have not bothered to respond as to why the Central Vista project has been called an 'essential service' during the pandemic."What we are concerned with is life and health of people at site and construction workers, and of people of Delhi," he said.He submitted that about 400 workers are being ferried from Sarai Kale Khan to the construction site in buses. "There were 180 buses as per reports which hasn't been refuted and 400 workers were being taken daily, excluding the guards, security etc.," he pointed out.He stated that there is no document on record to indicate the Government's willingness to make on site accommodations and Covid compliant facilities at the site, as they have claimed.He pointed out the photographs and stated that there are no beds, empty tents have been shown. Further, video report indicate that 7 persons are shoved into one room."There aren't going to be just these workers on site, there'll be other workers as well who will go back to their families. What about their families? What about all of us?" he appealed to the Bench.Labelling Central Vista as the 'Central Fortress of Death', Luthra further pointed out that the project is now completely off access and it is difficult to determine if the steps, so assured by the Centre, have actually been taken. There is no publicly available material.They've said there's on site accommodation. Video report says 7 persons are shoved into one room. If there's on site accommodation, They'll have to make good the necessary protocols. Please look into these 12 project, the court can take suo moto cognisance", Luthra said. Centre's Response The Central Government has filed an affidavit before the High Court claiming that various Covid-19 compliant facilities have been provided for the workers at the site including provisions for their stay, testing, isolation and medical aid at the site. It has also said that the instant petition is "an abuse of process of law" and must be dismissed with costs. Solicitor General Tushar Mehta appearing for the Central Government assured the Court that the project is being undertaken in accordance with law...

'Central Vista Project Of National Importance' : Delhi High Court Dismisses Plea To Suspend Work Amid COVID; Imposes Rs 1 Lakh Cost On Petitioners

Shreya Agarwal

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