RAJEEV SURI versus DELHI DEVELOPMENT AUTHORITY & ORS

Citation: [2021] 15 S.C.R. 283 · Decided: 05-01-2021 · Supreme Court of India · Bench: A.M. KHANWILKAR · Disposal: Disposed off

Cited by 5 judgment(s) · cites 136 · see the full citation network in Lexace

Judgment (excerpt)

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   [2021] 15 S.C.R. 283
283
RAJEEV SURI
V.
DELHI DEVELOPMENT AUTHORITY & ORS
(Transferred Case (Civil) No. 229 of 2020)
JANUARY 05, 2021
[A.M. KHANWILKAR, DINESH MAHESHWARI AND
SANJIV KHANNA, JJ.]
Judicial Review – Scope and amplitude of – Central Vista
Project of the Government of India – Judicial scrutiny regarding
its’ permissibility – Government’s duty to consult – Scope and ambit
of the citizen’s right to participate in quasi legislative exercise –
Issues concerning decisions taken by the statutory Authorities
including regarding the change in land use, grant of statutory and
other permissions, environmental as well as heritage clearances
etc. – Challenge to change in land use of six plots in the Central
Vista under the Delhi Development Act, 1957, and the permissions
/approvals granted by the Central Vista Committee, the Delhi Urban
Arts Commission under the Delhi Urban Arts Commission Act, 1973
and clearance/no-objection for construction of a new Parliament
House under the Environment Protection Act, 1986 – Failure to
take prior permission/approval of the Heritage Conservation
Committee as per Annexure II of the Unified Building Bye-Laws,
alleged – Plea of absence of sufficient public participation in the
entire process – Held (per majority) (per A.M. Khanwilkar, J. [for
himself and Dinesh Maheshwari, J.]): There is no infirmity in the
grant of “No Objection” by the Central Vista Committee (CVC);
“Approval” by the Delhi Urban Art Commission (DUAC) as per the
DUAC Act, 1973; and “Prior approval” by the Heritage
Conservation Committee (HCC) under clause 1.12 of the Building
Byelaws for Delhi, 2016 – Further, exercise of power by the Central
Government u/s.11A(2) of the DDA Act, 1957 is just and proper
and thus modifications regarding change in land use of plot Nos. 2
to 8 in the Master Plan of Delhi, 2021/Zonal Development Plan for
Zone-D and Zone-C vide impugned notification dated 20.3.2020,
confirmed – Recommendation of Environmental Clearance (EC) by
Expert Appraisal Committee (EAC) and grant thereof by Ministry
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SUPREME COURT REPORTS
[2021] 15 S.C.R.
of Environment and Forest (MoEF) is just, proper and in accordance
with law including the 2006 Notification – Project proponent may
set up smog tower(s) of adequate capacity, as being integral part
of the new Parliament building project; and additionally, use smog
guns at the construction site throughout the construction phase is
in progress on the site – The stage of prior permission under clause
1.3 of the Building Bye Laws of the Heritage Conservation Committee
(HCC), is the stage of actual development/ redevelopment etc. work
is to commence and not the incipient stage of planning and
formalisation of the Project – Accordingly, respondents to obtain
prior permission of the designated Authority before actually starting
any development /redevelopment work on the stated plots/structures/
precincts governed by the heritage laws including on plot No. 118,
if already not obtained – Held (per Sanjiv Khanna, J.) (partly
dissenting) (Minority judgment): The dissent is only on aspects of
public participation on interpretation of the statutory provisions,
failure to take prior approval of the Heritage Conservation
Committee (HCC) and order passed by the Expert Appraisal
Committee (EAC) – However on aspects of Notice inviting Bid, award
of consultancy and the order of the Urban Arts Commission, as a
standalone and independent order, there is no disagreement – Final
notification of modification /change of the land use dated 28th March
2020 in respect of the 6 plots in the Central Vista quashed and set
aside, with directions – Order of EAC dated 22nd April, 2020 and
environment clearance by Ministry of Environment and Forest dated
17th June, 2020 set aside, and an order of remit to the EAC passed
with a request that they may decide the question on environment
clearance, without awaiting the decision on the question of change/
modification of land use – Delhi Development Act, 1957 – s.11A(2)
– Delhi Urban Arts Commission Act, 1973 – Environment Protection
Act, 1986 – Building Byelaws for Delhi, 2016 – Master Plan of
Delhi, 2021.
Doctrines / Principles – Principle of Rule of Law – Held: The
principle of Rule of Law runs as a common thread through the
substantive as well as procedural laws – A democratic polity requires
all organs of the state to attach equal importance to substance of
law as well as to the procedure delineated to perfor

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