The supreme court order of May 31 held that the project can't be stopped because it is of national importance and must be completed by November 30 this yearAn appeal has been filed within the Supreme Court challenging the Delhi high court’s refusal to prevent the development of the Central Vista Redevelopment Project during the pandemic.
The supreme court order of May 31 held that the project can't be stopped because it is of national importance and must be completed by November 30 this year. The petitioners were also penalised ₹1 lakh for filing a “motivated” petition and told to deposit the quantity with the Delhi Legal Services Authority within a month.
Reacting to the high court’s observations, the 2 petitioners Anya Malhotra and Sohail Hashmi said, “The judgment, especially the imposition of exorbitant costs, features a chilling effect on public spirited individuals raising genuine problems with public health and on the proper of citizens to question the actions of the govt and to carry it to account, which it's submitted is that the bedrock of democracy.”
Malhotra may be a translator working for top ranking foreign and Indian diplomatic delegations while Hashmi may be a renowned historian and documentary maker. Their appeal stated, “The impugned judgment aside from misconstruing the bonafide intention of the petitioners, without cause cast them during a negative light at the value of their right to reputation.”The petitioners clarified that their only aim was to boost a public health and safety issue after coming to understand that the development work on the Central Vista Redevelopment Project site was happening at a time when Covid-19’s “catastrophic second wave” was ravaging the town of Delhi. On May 3, when the petition was filed, the positivity rate in Delhi averaged 29.74% and therefore the mean number of deaths was 353 per day.
“Since it (construction work) had the potential of being an excellent spreader activity, on account of the movement of the workers from the location to their accommodations at Sarai Kale Khan, Karol Bagh, Kalkaji, Nizamuddin etc., it had been posing a grave risk to the health and safety of the workers and therefore the residents of Delhi,” the petition said.
The petitioners claimed that the work of the Central Vista Avenue Redevelopment Project wasn't an “essential activity” and will be suspended for the nonce .
The Centre told the supreme court that on April 19, permission was obtained from the police to ferry nearly 400 workers to the development site. After May Day , before the petition came to be filed, on-site accommodation was provided to workers, the Centre submitted.
The supreme court bench of judge DN Patel and justice Jyoti Singh held, “Once the workers are staying at the location and every one facilities are provided, Covid-19 protocols are adhered to and Covid-19 appropriate behaviour is being followed, there's no reason for this court while exercising powers under Article 226 of the Constitution of India to prevent the project.”
It noted, “The construction of Central Vista Avenue Redevelopment Project can't be seen in isolation. In fact, the entire Central Vista Project is an important project of national importance, where the sovereign functions of Parliament also are to be conducted. Public is vitally curious about this project.”
The petitioners, in their appeal filed through advocate Nitin Saluja, told the Supreme Court, “At a time when the town of Delhi was facing the fury of the raging pandemic, safeguarding the lives and therefore the health of people need to , and will are prioritised over meeting a contractual deadline for a project.”
Moreover, the appeal claimed that albeit on-site accommodation was provided to workers after May Day , the work administered till then at the location was in clear violation of the Delhi Disaster Management Authority’s order allowing work only at sites providing on-site accommodation.
