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A Special Leave Petition has been moved in the Supreme Court against Delhi High Court Order of dismissing PIL seeking stay on construction under Central Vista Project, amid pandemic surge.

In the matter of Pradeep Kumar Yadav v. Union of India, Petitioner has approached the Top Court stating that the High Court has failed to appreciate the fact that there is an “imminent necessity of restraining construction activities” in the contended area.

Order of DDMA dated April 19, 2021 has been reproduced;

“Except aforementioned exempted/allowed movements and activities, all other private offices /establishments, shops, shopping centres, malls, weekly markets, manufacturing units, educational & coaching institutes, cinema & theatres, restaurant & bars, auditoriums / assembly halls, entertainment /amusement / water parks, public parks & gardens, sports complexes, gyms, spas, barber shops, saloons, beauty parlours, swimming pools (except being used for training of sports persons for participation in national and international events), construction activities (except where labourer are residing onsite) etc. shall remain closed during curfew.”

It is further averred that the High Court failed to acknowledge that despite DDMA orders, restricting movements during the curfew to only essential services, Respondent issued the movement pass dated 19th, April 2021, permitting vehicles engaged in development and redevelopment of Central Vista Avenue to operate during the curfew on the ground of exigency of Government work.

“Hon’ble High Court has failed to appreciate the argument of the petitioner counsel that there is no testing facility at the site and the document placed on record is only to cover-up the inaction”, plea adds.

Questions of Law inter-alia raised by the petitioner;

1. Whether the Hon’ble High Court was unjustified in holding that PIL filed by the individual Writ Petitioners was motivated and not a genuine public cause, in the absence of a proved material facts and evidence?
    
2. Whether the Hon’ble High Court did not fail to appreciate that allowing innocent labourers to continue their work during the peak of COVID-19 Pandemic, is a serious public health issue concern?
    
3. Whether the Hon’ble High Court failed to appreciate that the ongoing construction activities of Central Vista project is not an essential activity during the peak of COVID-19 pandemic and is in derogation of total lockdown stipulated by DDMA order dated 19.04.2021?

Prayer sought;

1. Allow the given SLP against the final order dated 31.05.2021, passed by the Delhi High Court
2. Any other interim relief which the Court may deem fit, in the interests of Justice

Petition is drawn by Advocate Vishal Thakre and filed by Advocate Sanjeev Malhotra.