Thread by @barandbench

[Central Vista case]

#SupremeCourt bench led by Justice AM Khanwilkar to hear an appeal against the judgment of the Delhi High Court refusing to halt the Central Vista redevelopment project and imposing a fine of Rs 1 lakh on the petitioers

#centralvista

"Such imposition of costs, the petitioners contended, would have a chilling effect on public-spirited individuals raising genuine issues of public health and other issues concerning citizens", the petitioners have submitted.

barandbench.com/news/rs-1-lakh…

The top court will also hear another appeal against the same Delhi High Court order by Advocate Pradeep Yadav who has contended that the HC was not justified in holding the #CentralVista redevelopment project as "essential activity" during the peak of #COVID19 pandemic crisis

Justice Dinesh Maheshwari: was honest research conducted about the kinds of construction work was going on. Is that reflected in your petition??

#supremecourt #centralvista

Sr Adv Luthra: Respondent comes and says all the projects about 7 to 10 are compliant

Justice Maheshwari: You are going off tangent. as a PIL petitioner did you research on how many projects were going on and only one project is picked up

#supremecourt #centralvista

Sr Adv Luthra: There are two categories. Till April 19, 2021, there was only restriction on construction on weekends. On April 19 DDMA comes out with restriction on constructions which were not onsite. We told HC that this was a non compliant site

#supremecourt #centralvista

Justice Khanwilkar: The finding is contrary. All conditions are complied with. Why are you saying this is non compliant project?

Luthra: As on when plea was filed it was non compliant. then respondent claim it was compliant

Justice Khanwilkar: your concern was the project is non-compliant. but when there is a finding that it is compliant then how is the petition being pursued?

Luthra: The difficulty i had was that HC passed stricture against petitioner

Justice Khanwilkar: nothing wrong if the cause is not genuine

#supremecourt #centralvista

Luthra: Union says a project was selected which was not compliant at one stage.

Justice Khanwilkar: it would have mattered if the Union would have said the project is non compliant

SG: This is factually wrong.

Luthra: Please wait your turn.

SC: There is anxiety at both ends.

Luthra: i am not anxious. I am in your hands. i can be in no place better

Justice Khanwilkar: When the project is compliant, should you pursue this so vigorously when there are projects too that are going on?

Justice Khanwikar: HC says its a motivated petition since other projects have not been highlighted

Luthra: we were concerned about the health hazard that were posed

Luthra: Shapoorji Pallonji group filed a detailed reply after May 4 and a detailed hearing was conducted on May 17..

Justice Khanwilkar: if you don't allow us to complete then the 1 lakh fine is inadequate. chronology is a good excuse to evade a point

Justice Maheshwari: please allow us to complete. I haven't got an answer to you as a petitioner in a PIL then was he absolutely clear about the cause and the research along with it. Impression of HC is that you were selective about one project. we don't find any research

Luthra: There was research done and material was available on this project. (shows the annexures which are official documents). all annexures are only with regard to this project and no other.

#supremecourt #centralvista

Luthra: We had challenged the permission obtained for Central vista. We are in a health crisis and we place on record the health bulletins. We also placed on record the DDMA order which permitted the on site construction. We placed on record the permission letter from CPWD

Luthra: the movement passes issued were also placed stating it should be allowed as its an essential service. we stated that its not an essential service. HC notes that respondents are silent on number of positive cases etc
#supremecourt #centralvista

Justice Khanwilkar: petitioners are not in a position to point out that a public-spirited persons had researched on other projects in the city and focussed only on this project as non compliant, during pendency of proceedings it was placed on record that project is compliant

Justice Khanwilkar: still the petitioners pursued the plea for reasons best known to them. HC had noted that the petition was a motivated one and imposed a cost of 2 lakh, we dismiss the plea

#supremecourt #centralvista

Justice Khanwilkar: We record that the findings of the HC are possible. No interference in the High Court order

Luthra: Grateful for the kind hearing. The petitioners are credible people please consider expunging the remarks

Court not inclined

#supremecourt #centralvista

Justice Dinesh Maheshwari: questionable PILs have caused problems to our system. PIL has its own sanctity and is for all of us. But not this.

#supremecourt #centralvista

[BREAKING] Supreme Court dismisses appeal against Delhi High Court order refusing to halt Central Vista construction

report by @DebayonRoy

#SupremeCourtofIndia #CentralVista

Read full story: bityl.co/7Zlr