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The Union of India has filed its reply in the Supreme Court in a plea challenging the Central Vista project.
The affidavit has been filed by Ashwani Mittal, Executive Engineer, Central Public Works Department, an attached office of the Ministry of Housing and Urban Affairs (MoHUA).
According to the affidavit, the area of Plot No.1 is currently being used as Government Offices i.e. by L&M Blocks/ Offices/ Hutments of the Ministry of Defence for almost 90 years now and no recreational activity (neighbourhood play area) exists as per actual ground conditions in Plot no. 1. It is also averred that the place has not ever been open for the general public to utilise for any public recreational purposes.
It is 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’ was not in existence [nor is required], and is not therefore required to be in de-jure mentioned in the Master Plan.
The Union further submitted that in Master Plan of Delhi (MPD) -2021, ‘Neighbourhood play area’- Sports facility was only technically under Recreational Use Zone. Hence, it was earmarked in ZDP of Zone ‘D’. However, now there is no nomenclature as ‘Neighbourhood play area’ in the Recreational Use Zone in MPD-2021. There is a provision of ‘Neighbourhood play area’- Sports facility under Public and Semi-Public (PSP) Use Zone category in MPD2021 for a population of 10,000 residing in an area. Further, the Recreational Use Zone under MPD-2021 have City Park, District Park, Community Park as permitted activities at Sub-City level and Neighbourhood Park, Housing Area Park and Tot lot at Housing Cluster Level as permitted activities at Neighbourhood Level.
“However, Respondents have, 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, for the larger benefit of the public. It is submitted that the Respondents are cognizant of the public nature of the projects and specifically seek to add various public facilities to the larger vision plan and have suo moto created a lot of space for recreational purposes. It is submitted that there are both qualitative and quantitative increases in public spaces in larger vision”, the affidavit said .
In the reply the Central said that North and South Blocks which cover nearly 27 acres and are proposed to be converted into National Museums showcasing ‘India in making’ prehistoric to present date. The museums will be open to the public at large and serve important public purposes. In addition to the same, nearly 118 Hectare of land on the Eastern and Western Bank of River Yamuna near Akshardham Temple on Eastern bank and near IP Thermal Power Station on Western Bank is being developed as AMRUT Biodiversity Park to commemorate 75 years of India’s Independence fulfilling the recreational purpose aspirations of public at large.
It is submitted that the Six plots on the Central Vista with which the present issue relates to, housed structures which were built as temporary barracks or stables during the Second World War according to the needs and requirements of that time. As of today, these structures occupy an area of over 90 acres, including L&M Block near North Block (Plot No. 1), A&B Block near South Block, Plot No.30 on Tyagraj Marg, Plot No.36 & 38, Jamnagar House and Jodhpur House.
The Affidavit states that as per the Development/Re-development Master Plan of Central Vista, North Block and South Block will not continue as Central Secretariat. These two Buildings have been proposed to be developed as National Museums i.e. a public space. It is submitted that 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.
The answering Respondent (Union Government) further unequivocally stated that the Central Vista Development/ Redevelopment Master Plan has been proposed to meet the present and future needs of space for the Parliament, Ministries/Departments; providing world class public space for interactions, recreation, better public facilities, amenities, parking, vending areas, facilities for conduct of national festivals and to infuse synergy & efficiency by integration of all the buildings of Common Central.
“Taking a holistic view and complying with MPD-2021 provisions, the Delhi Development Authority has approved the change of land use without compromising with green area, built heritage, transport infrastructure, better utilization of the spaces and fully complying with the provisions of the Delhi Development Authority Act, 1957 and the MPD-2021. The issue of change in character of Master Plan as well as other issues has already been addressed by this Hon’ble Court in T.C. (C) No. 229 of 2020 and connected cases titled as “Rajeev Suri Vs. Delhi Development Authority & Ors.” on 05.01.2021. The Writ Petition is, therefore, misconceived and liable to be dismissed with costs,” the order reads.
Today, the bench of Justices A.M. Khanwilkar and C.T. Ravikumar adjourned the matter to November 16. The petition challenging the project has been filed by Delhi resident Rajeev Suri, who has opposed a Central Government notification proposing the modification in Zonal Development Plan Of Plot 1 in Central Vista.