Area in question housed govt offices for 90 years: Centre defends Central Vista in SC

New Delhi, Oct 29 The Centre urged the Supreme Court to dismiss a plea challenging a notification for change in land use which would deprive residents of Delhi a vast chunk of green space in Central Vista area, saying the area in question is being used for government offices for 90 years and loss of greenery will be compensated.

The affidavit filed by Central Public Works Department (CPWD) said: "The area of Plot No.1 is currently being used as Government Offices i.e. by L&M Blocks/ Offices/ Hutments of the Ministry of Defence for almost 90 years now and no recreational activity (neighbourhood play area) exists as per actual ground conditions in Plot no. 1."

However, CPWD said that it has been considering the overall public purpose of the Central Vista and the overall vision behind it, compensated and in fact, increased various public areas for the purpose of recreation".

The affidavit said: "Added numerous facilities in the overall Master Plan of Central Vista Project which shall be public amenities, over and above the existing ones, for the larger benefit of the public."

The Centre said it is cognizant of the public nature of the projects and specifically seeks to add various public facilities to the larger vision plan and has suo moto created a lot of space for recreational purposes. For example, north and south blocks, which cover nearly 27 acres and are proposed to be converted into national museums showcasing 'India in making' prehistoric to present date.

The affidavit added: "In addition to the same, nearly 118 hectare of land on the Eastern and Western Bank of River Yamuna near Akshardham Temple ... and near IP Thermal Power Station on Western Bank is being developed as AMRUT Biodiversity Park to commemorate 75 years of India's Independence."

The Centre added that after taking a holistic view and complying with MPD-2021 provisions, DDA had approved the change of land use without compromising with green area, built heritage, transport infrastructure and better utilization of the spaces. On October 25, the top court asked Centre to respond to the plea challenging the land use in Central Vista project.

The plea filed through advocate Shikhil Suri contended that the Centre malafidely issued notification dated October 28, 2020, notifying the change in land use, which will deprive residents of Delhi, a vast chunk of highly treasured open and green space in Central Vista area available for social and recreational activity.

The plea argued that this notification stands against Article 21, Right to Life, the right to enjoyment of wholesome life. "Since the subject plot no. 1 takes over spaces of a children's recreational park and bus terminal for public transport, heightened judicial scrutiny is required to cut through the well disguised illegalities and infirmities to reach the violations of statutory laws", said the plea.

The plea has been filed by social activist Rajeev Suri, the original petitioner, who had challenged the project earlier citing illegal change in land use and absence of environmental clearance.

In January, this year, the Supreme Court had cleared the decks for the Central Vista project by upholding the environmental clearance and the notification for change in land use.