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The Supreme Court on Tuesday dismissed a petition filed against the Central Vista Project alleging that it will affect the public recreational zones.

A bench of Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice CT Ravikumar said, "This cannot be the scope of judicial review, the change effected in the development plan is a matter of policy."

Whereas, the Central Government in its affidavit said that the area referred to in the petition as the recreational area has been used by the Government Offices of the Ministry of Defence for almost 90 years now and no recreational activity therein exists.

Justice Khanwilkar said that "It is anyway for public use, for the Vice President, greenery is bound to be their. It was never used for recreational purpose."

However, Advocate Shikhil Shiv appearing for the petitioner submitted that, "Their inaction in preserving the green area cannot be the reason for them to take over the land now."

To this, Solicitor General Tushar Mehta retorted, "There must be some end to it."

The bench noted that, "Sufficient explanation has been offered in the affidavit. We find no reason to examine the matter."

Background:

The Supreme Court had asked the Central Government to file its response over the submission of the petitioner, that before modification of the plan concerning plot No. 1, it had provided for the public recreational area also, as noticed from the public notice. However, now that has been completely done away with and the land use stands converted to residential only.

It also submitted that there is no residing population or residential colony in the said vicinity and only the office premises of the Ministry of Defence are functioning in the said area. Hence, ‘Neighbourhood play area’ is not in existence [nor is required], and is not therefore required to be in de-jure mentioned in the Master Plan.

The affidavit further added that the Central Government rather for the “larger benefit of the public”, considering the overall public purpose of the Central Vista and the overall vision behind the same, compensated and in fact, increased various public areas for the purpose of Recreation and added numerous facilities in the overall Master Plan of Central Vista Project which shall be public amenities, over and above the existing ones.

The Court was also told that, "As per the Development/Re-development Master Plan of Central Vista, North Block and South Block will not continue as Central Secretariat. As stated above, these two Buildings have been proposed to be developed as National Museums i.e. a public space."

Whereas, all the Central Government Ministries will be relocated in the Common Central Secretariat buildings which are being developed on two sides of the Rajpath on the current footprints of different buildings.

Cause Title: Rajeev Suri vs Union of India & Ors.