Thread by @barandbench

#CentralVista

Hearing commences before 3-judge bench of Supreme Court headed by Justice AM Khanwilkar.

Senior counsel Sanjay Hegde continuing his arguments.

Hegde: From Bhagat Singh throwing bomb to current Prime Minister taking oath, there is an incomparable political and personal heritage (attached to current Parliament building) for people of India.

#CentralVista #SupremeCourt

Hegde: Though the Central Vista Committee has been set up by an office memorandum, it has in the past been treated by central govt as semi-statutory.

#CentralVista #SupremeCourt

Hegde relies on doctrine of legitimate expectations, says it has been developed and evolved in the context of reasonableness and natural justice.

One of the consequences of doctrine is that authority should not act contrary to legitimate expectations to defeat public interest.

#CentralVista: As architects, and town planners, we did have legitimate expectation that the basic character and basic structure of Central Vista would not be disturbed. We expected that any such change would be after deeper examination and deliberation by Committee: Hegde

#CentralVista: Hegde concludes his arguments.

Advocate Shikhil Suri commences submissions for petitioners.

#CentralVista: Office Memorandum clearly says no changes can be made without sanction of Central Vista Committee (CVC).

The CVC should have clearly spelt out reasons for its order: Shikhil Suri.

#CentralVista: Central government through Solicitor General Tushar Mehta commences arguments defending the Central Vista redevelopment.

#CentralVista: The central government welcomes scrutiny of the Supreme Court. But considering the history of the place where the redevelopment is happening, the centre should be allowed some leeway: Tushar Mehta.

#CentralVista: "I am not seeing this case as adversarial litigation but I will assist the court in the matter," Tushar Mehta.

#CentralVista: The important policy decision taken was construction of Parliament complex and central secretariat. These cannot be built at Gurgaon, Panipat or Noida. It has to be at Central Vista: Tushar Mehta.

#SupremeCourt

#CentralVista: The old parliament building is under tremendous stress necessitating new Parliament: Mehta.

#CentralVista: Another policy decision was to build all these without touching the existing heritage properties. Not a brick of existing buildings will be touched. It will be used a museum showcasing history: Tushar Mehta.

#CentralVista: All this will be good for the nation and is also being done strictly in adherence to law: Mehta.

#CentralVista: One of the issues raised was there was no "design competition". I l address this issue in detail. There was in fact a competition but it was a "concept competition" since the buildings proposed are functional and not ornamental: Tushar Mehta.

#CentralVista: A design competition is held for projects like war memorials, India Gate etc which are monuments which do not serve functional purpose: Mehta.

#CentralVista: On Central Vista Commission not giving reasons for its decision, Mehta says it is only an advisory body. The statutory commission had raised 13 objections which we had addressed: Mehta.

#CentralVista: Court asks whether except National Archives building, no other heritage building would be touched?

Mehta answers in the affirmative.

#CentralVista: There is an imminent need to have a new parliament building: Tushar Mehta to Supreme Court.

#CentralVista: The current Parliament building was built in 1927 prior to independence and was intended to house legislative council and not a bicameral legislature we have today: Tushar Mehta.

#CentralVista: The building does not confirm to fire safety norms and water and sewer lines are also haphazard which is damaging the heritage nature of the building: Mehta.

#CentralVista: Mehta also submits the building is overcrowded and with increase in number of seats to Lok Sabha and Rajya Sabha, the building will be under stress.

#CentalVista: Both Lok Sabha and Rajya Sabha are packed. When joint sessions are held, members sit on plastic chairs diminishing the dignity of the house: Tushar Mehta.

#CentralVista: Mehta also highlights security concerns pointing out the 2001 parliament attack.

"The building is also not earthquake proof," he says.

#CentralVista: On construction of new Central secretariat building, Mehta argues that many of Central ministries are housed in different buildings and not common building and govt has to pay rent.

New building will save money.

#CentralVista: We have to run around the city to go to different ministries increasing traffic and pollution: Mehta.

#CentralVista: Mehta also highlights space lying unutilised in central vista area which he says is a criminal waste of space.

#CentralVista: We are also providing interlinking of metro stations which will minimise use of two and four wheelers.

The policy decision is that all Central ministries has to be at one place and that place has to be one which has historical significance: Mehta.

#CentralVista: Central govt says it has fully addressed environmental issues while redeveloping Central Vista.

"If the petitioners' concern is environmental protection, I will say it is fully taken care of and I will demonstrate it," Tushar Mehta to SC.

#CentralVista: The project will be in different phases with different deadlines.

Construction of new parliament building has a deadline of 2022. The new parliament envisaged is a stand alone project and can come up even if rest of the project is scrapped: Tushar Mehta.

#CentralVista: Bench raises questions regarding why application for Environmental Clearance for central secretariat did not mention linked projects.

You had master plan for redevelopment of entire central vista in mind but did not mention it (in application): AM Khanwilkar J.

#CentralVista: Was it the approach of the govt that new Parliament building was priority and hence that should be separated from rest of Central vista and given preference, bench asks.

"That is approach. I am obliged," Tushar Mehta.

#CentralVista: For deciding that a new Parliament is needed, we don't need a separate study. If I feel that the house I am living in is not enough, I don't need to invite an expert to determine that: Tushar Mehta.

#CentralVista: Bench rises for lunch. Will re-assemble at 2 pm.

#CentralVista: Bench assembles, hearing resumes.

#CentralVista: SG Tushar Mehta giving details on environmental impact during construction and operation phase of Central Vista redevelopment.

There was a detailed traffic management plan which was also placed before Expert Appraisal Committee before grant of EC: Tushar Mehta.

#CentralVista: On ownership of project properties, SG submits
that govt is the owner.

Justice Sanjiv Khanna says real owners are people of country and govt, bureaucracy and even judiciary are trustees.

SG Mehta says his submission was from the point of legal ownership.

#CentralVista: Tushar Mehta reading out the mitigation measures proposed.

Bench says many of the measures are not in public domain but Tushar Mehta says they are.

#CentralVista: Whether the mitigating factors given by us is adequate or not can be gone into by the Lordships. The nation must have a new parliament: Tushar Mehta.

#CentralVista: Justice Sanjiv Khanna says one of the issues raised by petitioners is whether the present building itself can be used by refurbishing.

Tushar Mehta says whether there should be new parliament or not is a policy decision which govt is empowered to take.

#CentralVista: Unless it is utterly arbitrary and atrocious, it is something which the govt can decide, says Mehta highlighting issues with the present parliament building.

#CentralVista: Tushar Mehta submits that petitioners have made factual concealments.

#CentralVista: Solicitor General submits that while the entire country has a stake in the project, the local communities are the ones who will be affected and public consultation under EIA would imply consultation with those who are directly impacted by the project.

#CentralVista: People of India are the owners. Govt is only a trustee and there cannot be an argument contrary to that.

The petitioners' argument on non application of mind while procuring statutory approvals is misplaced: Tushar Mehta.

#CentralVista: Bench rises for the day; hearing to continue tomorrow.