PLEA IN SC AGAINST DELHI HC JUDGEMENT ALLOWING CENTRAL VISTA CONSTRUCTION

A petition had been filed in the Supreme Court challenging the Delhi High Court’s judgment refusing to halt the construction of the Central Vista Project.

Advocate Pradeep Kumar Yadav has filed this petition before the Supreme court and said the High Court has failed to appreciate that a bigger construction work with a huge number of innocent labourers workers allowing them to continue their work during the peak Covid-19 pandemic period is a serious public health issue concern.

The High Court is failed to appreciate that the ongoing construction activities of the Central Vista Avenue Redevelopment project is an essential activity during the peak Covid-19 pandemic and total lockdown period as stipulated in the DDMA order dated 19 April, the plea said.

The petitioner further said that the High Court was not justified in holding that the Central Vista Avenue Redevelopment project is essential activities during the peak Covid-19 pandemic crisis, epically when the whole country has stopped essential functioning during the lockdown period. This includes all courts and even this court has stopped physical functioning but working on virtual mode in order to safeguard the innocent public/advocate/judges and court staff and to prevent the Covid-19 pandemic and its infection.

On 31 May, the Delhi High Court had dismissed a plea seeking to halt construction work at Central Vista Avenue in the national capital in view of the Covid-19 pandemic.

The Delhi High Court in its order said, “The Project in question is of vital importance and essential and has a direct nexus with the main project, namely, Central Vista Project.”

The High Court stated that once the workers were staying at the site and all facilities had been provided and the Covid-19 protocols were being adhered to, there was no reason for it to exercise powers under Article 226 of the Constitution of India to stop the project.

The High Court further observed that project of national importance cannot be stopped especially when the conditions imposed by the order of the DDMA dated 19 April, are not flouted or violated.

Ashish Sinha

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