Central Vista’s green lungs to decrease to 9% if govt goes ahead with its plan: PIL

New Delhi: A public interest litigation (PIL), which the Supreme Court recently transferred to itself from the Delhi High Court, alleges that the green space in the Central Vista of Lutyens’ Delhi will decrease from the existing 86% to 9% if the government goes ahead with its plan.

The PIL cites a public notice issued by the Delhi Development Authority (DDA) on December 21 to back its claim. The notice seeks to change the land use of almost 105 acre of the Central Vista. At least 90 acre of this is at present classified as public, semi-public district parks and neighbourhood play areas. Only 15 acre houses government offices.

However, the proposed change in land use will ensure that “land for public use decreases from 86% to less than 9%. Over 80.5 acre of the stretch will be used for building government offices”. Such a change will deprive Delhi of the open spaces in Central Vista, which is steeped in history, the PIL said.


“The ill-conceived land use changes without imprimatur will fundamentally alter the emotional connect of India and Indians with this 3.5-km living history and will be extremely detrimental to the area by increased population density, loss of green areas, public and semi-public spaces,” the PIL said.

“The notice…is arbitrary, capricious, whimsical and bad in law published unjustifiably without a Zonal Development Plan for Zone D as a corollary to Master Plan Delhi, 2021, and hence is unsustainable and deserved to be quashed,” the PIL said.

The PIL was filed by Delhi resident Rajeev Suri in the Delhi High Court. Another was filed by Lt Col Anuj Srivastava. Acting on the PIL, Justice Rajiv Shakhder initially asked DDA on February 11, 2020, to inform the court before notifying the changes in the master plan to allow such land use. “In case, a decision is taken to notify the proposed changes in the MPD (Master Plan Delhi) 2020-21, DDA will approach the court before notifying such decision,” he had said.

That case was later recalled by the Delhi High Court and the order overturned by a division bench on February 28, 2020. Chief Justice Dhirubhai Naranbhai Patel was sitting alongside Justice C Hari Shankar. The petitioners then approached SC for relief, citing the fact that the CJ-led bench had issued the order ex parte without even hearing them. Solicitor General Tushar Mehta sought an urgent listing of the case from CJI SA Bobde.

On March 6, it was listed before a bench led by Justice AM Khanwilkar and Dinesh Maheshwari. After hearing Suri’s counsels, advocate on Record Shiv Kumar Suri and advocate Sikhil Suri, the bench transferred the cases to itself.

In its short order, SC justified the transfer on the grounds of public interest, clarifying that it was no reflection on the high court proceedings in any manner. “Any steps taken by the authorities in the meantime will be subject to the outcome of proceedings,” it said, listing it for hearing on March 18.

The petitioners had urged the court to stay the high court CJ’s February 28 order. Now, SC will hear the plea after all formal submissions are made for and against the proposed change in land use.