Alka Verma –
Published On: October 29, 2021 at 19:20 IST
On Friday, the Supreme Court of India adjourned a Plea filed on November 16th, which questioned the notification of the Central Government suggesting a modification to the Zonal Development Plan of Plot 1 in Central Vista.
In the filed Petition, the Petitioner stated that an inquiry from the side of Judiciary is needed before the modification as the area of Plot 1 is allotted for a children’s Recreational Park and Bus Terminal.
A Bench comprising Justice AM Khanwilkar and Justice CT Ravikumar adjourned the matter after observing that an Affidavit in reply has already been filed by the Central Government.
Advocate Kanu Agrawal, who was appearing for the Central Government, informed the Court that the Government already filed a reply.
The Bench also ordered the Petitioner to provide a copy of the reply to the Bench and it also permitted the Petitioner to file a counter-reply by November 12th.
The Court was hearing a Petition moved by a resident of New Delhi, challenging a Central Government notification issued on October 28, 2020.
Advocate Shiv Shikhil Suri, who was appearing for the Petitioner, argued that this notice to modify the property was malice and it deprives the residents of Delhi as well as citizens of India of enjoying open and green space in the Central Vista.
Adding to this, he also argued that this modification violates Article 21 of the Constitution of India as it stops the Right to have the enjoyment of a wholesome life.
Relying on the Judgment of the Supreme Court in the case of Bangalore Medical Trust Vs BS Muddappa, wherein the Apex Court held that protection of open places for recreation playgrounds for children is a matter of great public concern and steps should be taken to protect it, the Petitioner argued that the modifications infringe the Rights of children as well.
The Court, after hearing the arguments, adjourned the matter and stated that when the final decision related to a modification in land use for Plot 1 is taken, the Petitioner will be free to challenge the same on permissible grounds.
It should be noted here that in January 2021, the Supreme Court by the majority of 2:1 supported the plan of the Central Government regarding the construction of the Central Vista project and the Government’s plan to construct a new Parliament in Lutyens’s Delhi.