Thread by @barandbench

#CentralVista: Hearing before 3-judge bench of Supreme Court resumes.

Solicitor General Tushar Mehta continues his defence of the redevelopment project.

#CentralVista: Arguments now progressing on heritage nature of Central Vista and whether the proposed new buildings will impact the heritage character of existing structures.

#CentralVista: There is no Constitutional requirement that a govt building of historical importance can be constructed only after making a special law in that regard: Tushar Mehta.

#CentralVista: It is one thing to say that a law dealing with such construction would have been better and another thing to contend that without a law like that, the construction itself should be scrapped: Tushar Mehta.

#CentralVista: Courts are called upon to decide matters of policy only when it infringes fundamental rights or are contrary to law.

Courts cannot strike down policy decisions merely because it feels a better policy decision could have been taken: Mehta citing precedents.

#CentralVista: Solicitor General Tushar Mehta concludes.

#CentralVista: Harish Salve now commences arguments on behalf of project consultant, HCP Design, Planning and Management Pvt Ltd.

#CentralVista: To say that my client has no prior experience, is close to BJP shows malice: Salve.

Calling upon courts to interfere in policy on the basis of such shady allegations is malicious, says Salve.

#CentralVista: Salve countering submissions of petitioners on participatory democracy. With the advent of social media, everybody is a journalist today, he says.

#CentralVista: Parliament makes laws which is Participatory democracy. Parliament making laws ensure Participatory democracy while also ensuring that system work and is not cumbersome: Salve.

#CentralVista: These people who contested elections and lost now use courts to say "consult us too before doing anything - we are intelligentsia," Salve.

#CentralVista: Parliamentary democracy is achieved through elected representatives making law: Salve

Decisions like this (Central Vista) are areas which court should slow to tread on: Salve.

#CentralVista: Should we have war with China or not is more important than should we have a new parliament building or not.

Whether we should use force in Kashmir or should we send mediators to there to talk is far more important than whether we should have new parliament: Salve

#CentralVista: I am not against participatory democracy. But I am saying it is not for courts to decide on policy: Salve.

#CentralVista: Court should not apply Vishaka benchmark here, says Salve.

Should we have a referendum each time Constitution has to be amended, asks Salve.

#CentralVista: Bench asks Salve about lack of information regarding the project on public domain.

Salve says information can be obtained through RTI and petition wrt that aspect can also be filed in court and court can pass orders on that limited issue.

#CentralVista: Parliament is the final check and balance body on administrative actions: Salve.

#CentralVista: It is one thing to ask for information and another thing to say the decision is illegal because there is no information: Salve.

#CentralVista: When I see some of the petitions I wonder whether it is an attack on Central Vista project or an attack on the government and some of its functionaries: Salve.

#CentralVista: When you are arguing high principles like participatory democracy, you should not sully the atmosphere by making snide allegations like they have done: Salve.

#CentralVista: You are free to write articles etc but you should not use courts to make such allegations: Salve concludes.

#CentralVista: Senior Counsel Shyam Divan begins rejoinder submissions.

#CentralVista: There has been a complete infraction wrt the letter of law and underlying Constitutional principles: Divan.

#CentralVista: Non- disclosure of information affects participatory democracy.

It is not my case that EIA notifications, and environmental clearances are not in public domain: Divan.

#CentralVista: Bench rises for lunch. Hearing to resume at 2 pm.

Calling Courts to interfere in policy on shady allegations is malice: Harish Salve defends Central Vista Project in Supreme Court [LIVE UPDATES]

#CentralVista
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#CentralVista: After Divan, Sanjay Hegde now making rejoinder arguments.

#CentralVista: Architects and interested public have right to participate to the fullest extent possible in the greatest construction happening in new India: Sanjay Hegde in his brief rejoinder arguments.

#CentralVista: Advocate Shikhil Suri in his rejoinder arguments highlights allegedly wrong representation by govt regarding adequacy of parking space for parliament complex.

Suri says lack of adequate parking space has environmental impact.

#CentralVista: That no other new structure can be built in Central Vista is a submission we are rejecting outright. The only thing is there are regulations and we will examine whether they have complied with regulations. There is no prohibition: Supreme Court.

CENTRAL VISTA: Supreme Court reserves judgment in petitions challenge redevelopment of Central Vista area of Lutyen's Delhi and construction of new Parliament building, Central Secretariat, residences for Prime Minister and Vice President.

#CentralVista #SupremeCourt

#CentralVista: Parties allowed to file written submissions by November 16.

CENTRAL VISTA: Supreme Court reserves judgment in challenge to redevelopment of Central Vista area.
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