SC gives green signal to govt’s Central Vista project; rejects pleas challenging violation of environmental norms

News Network
January 5, 2021

New Delhi, Jan 5: A three-judge Bench of the Supreme Court on Tuesday gave the green signal to the redevelopment of New Delhi's Central Vista area, rejecting a batch of petitions challenging the scheme for alleged violation of land use and environmental norms.

The court by a 2:1 majority held that the exercise of the power under the Delhi Development Authority Act was just and valid and that the grant of environmental clearances by the Union Ministry of Environment, Forests and Climate Change was also valid and proper.

"Selection and appointment of environmental consultant in the case is held to be just and proper," Justice AM Khanwilkar read out the majority judgment on behalf of himself and Justice Dinesh Maheshwari, Bar & Bench has reported.

Justice Sanjiv Khanna dissented from the majority opinion on the point of change of land use associated with the project. He held that while the award of the project cannot be faulted with, prior approval of the heritage committee was required when it came to change in land use.

"On the question of grant of change of land use, I have a different opinion. There was no prior approval of heritage conservation committee and thus matter remitted back for public hearing. On the environmental clearance aspect, it was a non speaking order," Justice Khanna read out his dissenting opinion.

The Central government is proposing the redevelopment of the Central Vista area by constructing a new Parliament house, a new residential complex that will house the Prime Minister and the Vice-President, as well as several new office buildings and a Central Secretariat to accommodate Ministry offices.

The petitioners before the Supreme Court challenged a notification issued by the Delhi Development Authority (DDA) on December 21, 2019 regarding changes in land use for the redevelopment.

One of the petitioners, Rajeev Suri, assailed the alterations envisaged by the Centre arguing that they involve changes to land use and standards of population density and that the DDA is not vested with the requisite power to bring about such changes. He submitted that the power for bringing about such changes, if at all, lies with the Central government.

Another petitioner, Lt Col (retd) Anuj Srivastava, challenged the public hearings held to raise objections to the exercise, arguing that they were a mere formality devoid of any meaningful consequence.

Meena Gupta, a former Secretary of the Union Ministry of Environment and Forests, filed an intervention application in the pending case highlighting environmental concerns due to the redevelopment.

The Central government had defended the project claiming that the construction of a new Parliament building and a Central Secretariat has become an absolute necessity due to the stress on the present ones.

Solicitor General Tushar Mehta, representing the Centre, said that the current Parliament building, which was opened in 1927, does not adhere to fire safety norms, has a serious space crunch, and is not earthquake-proof.

Regarding construction of a new Central Secretariat, the Centre underscored the need to bring all important Ministry offices under one single building.

It was also the government's argument that all necessary statutory approvals including environmental clearances were in place and that the project cannot be scrapped merely because the petitioners felt a better process or method could have been adopted.

The court had heard arguments in the last week of October and the first week of November last year before reserving its judgment on November 5, 2020.

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News Network
November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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News Network
November 19,2024

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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