Delhi HC dismisses plea to stop Central Vista work during Covid-19, imposes Rs 1 lakh fine on petitioners

The site of a redevelopment work of the Central Vista Avenue by Central Public Works Department (CPWD) along the Rajpath road in New Delhi. Pic/AFP

The Delhi High Court on Monday dismissed a plea seeking direction to suspend all construction activity of the Central Vista Avenue Redevelopment Project in view of the second wave of Covid-19, saying it was a "vital and essential" national project.

A bench of Chief Justice D.N. Patel and Justice Jyoti Singh, which had been hearing the plea, also imposed a cost of Rs 1 lakh on petitioners, saying "it's a motivated plea and not a genuine PIL."

"As the workers are staying on site, no question of suspending the construction work arises. The concerned DDMA order in question nowhere prohibits construction work," said the bench.

The court said under the contract awarded to the Shapoorji Pallonji Group, work had to be completed by November 2021 and, therefore, it should to be allowed to continue.

It said the legality of the project was already upheld by the Supreme Court.

The court had reserved its judgment on May 17 on the joint plea by Anya Malhotra, a translator, and Sohail Hashmi, a historian and documentary filmmaker. The two had contended in their plea that the project was not an essential activity and can be put on hold for time being.

Also Read: CPWD prohibits photography, video recording at Central Vista construction site

During the May 17 hearing, the Centre had termed the plea a "facade" or "disguise" aimed at stalling the project.

The petitioners on the other hand, had contended they were only interested in the safety of workers at the site and citizens living in the area. Their counsel had likened the project to "Auschwitz", a German concentration camp during World War II.

Hard hitting arguments against the maintainability of the plea were made during the hearing.

Shapoorji Pallonji and Company Pvt Ltd, which has been awarded the tender for the project, had also opposed the plea, saying it lacks bonafide and the company was taking care of its workforce.

The project entails construction activities on Rajpath and the surrounding lawns from the India Gate to the Rashtrapati Bhawan, according to the petition, filed through advocates Gautam Khazanchi and Pradyuman Kaistha.

The project envisages building a new Parliament House, a new residential complex to house offices and the prime minister and the vice president. It will also have new office buildings and a Central Secretariat to accommodate various ministries' offices.