You Can't Impose A Central Vista On People! No Norms Followed : Shyam Divan In Supreme Court

The Supreme Court on Tuesday 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.On Tuesday, Senior Advocate Shyam Diwan opened his submissions, arguing, "This petition interrogates the State at the fundamental as regards the manner in which the Executive action was commenced and implemented. At the highest plain, this is about the Rule of Law versus the Rule by Law. It concerns the deepening of democracy- how the Central Vista, which is the political heart of the nation, with the Parliament building being located in it, can be changed in a democratic polity; what are the checks and balances in the Constitution!""This court visits the statutes from time-to-time to deepen the values, rights and procedures which speak of democracy...In a country where elected representatives come and go, the Parliament, the Central Vista and the Supreme Court building are held in trust! It is not sufficient to say that the Rule By law is enough and that 'x' and 'y' requirements have been complied with! None of the norms followed globally in the redevelopment of a city center were followed, none of the Constitutional norms of the highest order were followed...", he continued."There have no reports, no consultation, no experts visiting! There is an absolutely shameful abdication to a consultant as to whether the Parliament should continue in this building or should there be another building! Participation, in a democracy, is regarded as a valued right, whether it is express in a statute or inarticulate...but here, when they are deciding on the change of the Parliament building, and the Central Vista is to be re-wrought, the Constitutional mandate for consultation, hearing all parties, experts, inviting objections have been given a go-by! As if this is nothing more than extension of an administrative block to a university where time is of the essence for the classes have to start! ", he pressed."Of course, the courts prefer calling it a convention, but I describe it as the democratic Constitution, democratic habits! You don't impose a Central Vista on people, you open it as widely as possible! If you decide to supplant the Parliament, go ahead in a transparent and consultative manner!", he continued."Heritage has two components- the physical/built heritage, and the living heritage, which is far more subtle. Like the SC building, which is a very important part of the living heritage of the democracy. The Parliament, which is a symbol of the working of the democracy...with which the people of the democracy have had an emotional connect since decades, which is deserving of preservation and enhancement. Some transient trustee cannot just wield it away!", contended Mr. Diwan."Is this how a democracy functions after 70 years? One person says let's change the Parliamentary building, a tender is floated, bids are invited in 3 weeks and it left to an expert to decide whether there should be one Parliament building or more? This is so brazenly unconstitutional and undemocratic", he pressed, voicing the prayer that copies of all communications and correspondence from the conception of the impugned project till the floating of the NIT and the issuance of the bids be supplied to the petitioners."This is not some defense establishment but the Parliament building! Every document needs to be public domain!", he stressed, raising concerns regarding the principles of limited governance, public participation and consultation, and the right to know.Next, Mr. Diwan indicated the 1962 Master Plan for Delhi, where Central Vista was recognised as an "important site to meet the aspirations of a richer culture" and the "new heart of the metropolis". He explained how the entire area, from the Rashtrapati Bhavan to the hexagon around the India Gate, was placed under strict architectural control and no construction was permitted without prior approval of the competent authorities. "So there is an aesthetic recognition, a public and citizen recognition, and then statutory and official recognition that the area is precious and valuable and requires additional control...we are submitting that it even calls for a heightened degree of judicial review as there is a higher bar for the government to cross", he advanced.Noting that the relevant clauses in the Master Plan speak of "existing regulations", Justice A. M. Khanwilkar asked if there are separate regulations for the Central Vista, stating that if there are, the...

You Can't Impose A Central Vista On People! No Norms Followed : Shyam Divan In Supreme Court

Mehal Jain

"There have no reports, no consultation, no experts visiting! There is an absolutely shameful abdication to a consultant as to whether the Parliament should continue in this building or should there be another building", Divan Submitted

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