Supreme Court - Daily Orders
Rajeev Suri vs Union Of India on 20 August, 2020
Bench: A.M. Khanwilkar, Dinesh Maheshwari, Sanjiv Khanna
1
ITEM NO.31 Court 4 (Video Conferencing) SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 8430/2020
(Arising out of impugned final judgment and order dated 28-02-2020
in LPA No. 119/2020 passed by the High Court Of Delhi At New Delhi)
RAJEEV SURI Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
IA No. 69843/2020 - APPLICATION FOR PERMISSION
IA No. 60200/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 59231/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 40857/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 59796/2020 - INTERVENTION APPLICATION IA No. 40856/2020 - PERMISSION TO FILE SLP WITHOUT CERTIFIED/PLAIN COPY OF IMPUGNED ORDER IA No. 60197/2020 - RECALLING THE COURTS ORDER IA No. 59230/2020 - RECALLING THE COURTS ORDER) WITH T.C.(C) No. 229/2020 (XVI-A) IA No. 58788/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 56174/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 53626/2020 - STAY APPLICATION IA No. 58787/2020 - STAY APPLICATION) T.C.(C) No. 230/2020 (XVI-A) IA No. 55083/2020 - EX-PARTE STAY IA No. 57242/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 55226/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 55094/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 55088/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 55085/2020 - EXEMPTION FROM FILING AFFIDAVIT IA No. 55222/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 55086/2020 - PERMISSION TO FILE ADDITIONAL Signature Not Verified DOCUMENTS/FACTS/ANNEXURES) Digitally signed by DEEPAK SINGH Date: 2020.08.20 18:35:38 IST Reason: W.P.(C) No. 510/2020 (X) IA No. 51038/2020 - EX-PARTE STAY IA No. 59335/2020 - EXEMPTION FROM PAYING COURT FEE IA No. 59333/2020 - INTERVENTION APPLICATION 2 IA No. 59334/2020 - PERMISSION TO APPEAR AND ARGUE IN PERSON) W.P.(C) No. 638/2020 (PIL-W) IA No. 59681/2020 - EX-PARTE STAY IA No. 59685/2020 - EXEMPTION FROM FILING AFFIDAVIT) W.P.(C) No. 681/2020 (X) IA No. 63944/2020 - STAY APPLICATION) W.P.(C) No. 684/2020 (X) IA No. 62769/2020 - EX-PARTE STAY) W.P.(C) No. 845/2020 (X) IA No. 76530/2020 - APPLICATION FOR EXEMPTION FROM FILING ORIGINAL VAKALATNAMA/OTHER DOCUMENT IA No. 76525/2020 - EX-PARTE STAY) W.P.(C) No(s). 853/2020 (FOR ADMISSION and IA No.76982/2020-GRANT OF INTERIM RELIEF and IA No.76985/2020-EXEMPTION FROM FILING AFFIDAVIT and IA No.76983/2020- PERMISSION TO FILE LENGTHY LIST OF DATES Date : 20-08-2020 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Mr. Sanjay R. Hegde, Sr. Adv.
Mr. Ankit Yadav, AOR Mr. Shyam Divan, Sr. Adv.
Mr. Ashwath Sitaraman, Adv. Ms. Vrinda Bhandari, Adv.
Ms. Jahanvi Sindhu, Adv.
Mr. Shadan Farasat, AOR Mr. Shikhil Suri, Adv.
Mr. Shiv Kumar Suri, AOR Ms. Shilpa Saini,Adv.
Ms. Shweta Saini, Adv.
Ms. Nikita Thapar, Adv.
Ms. Vinishma Kaul, Adv.
For Respondent(s) Mr. Tushar Mehta, SG Mr. Ashok Panigrahi, Adv.
Mr. Rajat Nair, Adv.
Mr. Kanu Agarwal, Adv.
Mr. Raj Bahadur Yadav, AOR Mr. Tushar Mehta, SG Mr. Ashok Panigrahi, Adv.3
Mr. Kanu Agarwal, Adv.
Mr. G.S. Makkar, AOR Mr. Tushar Mehta, SG Mr. Rajiv Bansal, Sr. Adv.
Ms. Garima Prashad, AOR Mr. G.S. Oberoi, Adv.
Mr. Rajiv Bansal, Sr. Adv.
Ms. Garima Prashad, AOR Mr. G.S. Oberoi, Adv.
Mr. Shyam Divan, Sr. Adv.
Mr. Anshuman Srivastava, AOR Mr. Rohan Pratap Talwar, Adv. Ms. Sugandha Yadav, Adv.
Ms. Ria Singh Sawhney, Adv. Ms. Sanam Tripathi, Adv.
Mr. Bhav Ratan, Adv.
Mr. Saurabh Mishra, AOR Mr. Onkar Singh Adv.
Mr. Abhishek Singh, Adv.
Mr. Rakesh Chander, Adv.
Mr. Chirag M. Shroff, adv.
Ms. Sanjana Nangia, Adv.
Ms. Abhilasha Bharti, Adv. UPON hearing the counsel the Court made the following O R D E R Today, a request for adjournment is made by the learned Solicitor General on the ground that he may be required in some other Court (Special Bench) at 2.00 p.m. As this request is not opposed by the counsel appearing for other parties, we defer the hearing of these matters till 25th August, 2020.
In the meantime, it will be open to the counsel for the petitioner(s) in Writ Petition (C) No.853/2020 to serve advance copy of the petition on the concerned respondent(s), who in turn may 4 file their pleadings, if so advised, before the matter is taken up for hearing as per its turn.
Mr. Shikhil Suri, learned counsel for the petitioner(s), has informed us that one more petition has been filed in this Court being Writ Petition (C) Diary No.17444 of 2020. As requested, the said petition shall be heard along with these petitions henceforth.
Further, it will be open to the petitioner(s) in Writ Petition (C) Diary No.17444/2020 to serve advance copy on the concerned respondent(s). If the issue raised in this petition is similar to one raised in petition(s) already filed and covered by the common consolidated affidavit filed by the respondent(s), the parties to proceed on that basis at the time of hearing.
We make it clear that The Court will first begin with the hearing of broad issue regarding challenge to the change of land use being contrary to the provisions of Delhi Development Act, 1957.
For the sake of convenience, a draft flow chart has been prepared by the office indicating the heads of broad issues in different petitions filed and listed so far for hearing and, in particular, referring to the specific 5 notifications/notices challenged therein. The same reads thus:
Heads of S.No. Prayer sought Corresponding case Issues
1. Quashing and staying of T.C. (C) No. Public Notice S.O. 4587 E 229 of 2020 & dated 21.12.2019 issued by SLP (C) Diary DDA inviting objections No. 8430 of under Section 11-A of DDA 2020 (arising Act, 1957 to the proposed out of W.P. No. A. modifications to Zonal 1568/2020 be-
CHANGE OF Development Plan of Zone D fore DHC) LAND USE (for plots 1-7) and Zone C W.P. (C) No. UNDER DD ACT, (for plot 8)/Master Plan 853 of 2020 1957 Delhi 2021.
2. Quashing of notice dated T.C. (C) No. 05.02.2020 published in 230 of 2020 Times of India announcing (arising out of scheduling of public W.P. No. hearing on objections 1675/2020 be- against proposed change of fore DHC) land use on 6-7.02.2020.
3. Quashing the decision of W.P. (C) No. DDA dated 10.02.2020 853 of 2020 approving change of land use after public consultation.
4. Quashing Public Notice W.P. (C) No. S.O. 4587 E dated 684 of 2020 04.03.2020 issued by DDA proposing change of land use of Plot No. 1 from “Transportation and Recreational” to “Residential”.
5. Quashing and staying of T.C. (C) No. notification dated 229 of 2020 20.03.2020 issued by MoHUA (arising out of , UoI notifying the change W.P. No. 6 of land use for proposed 1568/2020 be-
Central Vista Project and fore DHC)
Parliament building vide T.C. (C) No.
Not. No. SO 1192 (E). 230 of 2020
(arising out of
W.P. No.
1675/2020 be-
fore DHC)
W.P. (C) No.
853 of 2020
6. Quashing notice dated W.P. (C) No.
02.09.2019 inviting bid 853 of 2020
NIT No.
04/CPM/RPZ/NIT/2019-20 B. issued by CPWD for planning of the Central VIOLATION OF Vista Project.
STATUTORY/
MUNICIPAL 7. Quashing office memorandum W.P. (C) No.
LAWS F.No.6/21/2018/ADG 510 of 2020
(Works)/338-W-1 dated
14.10.2019 which
reconstituted the Special Advisory Group of Central Vista and Central Secretariat.
8. Quashing award of W.P. (C) No. consultancy bid dated 853 of 2020 18.10.2019 to HCP Design, Planning and Management Pvt. Ltd.
9. Quashing minutes and W.P. (C) No. decision dated 30.04.2020 510 of 2020 taken in the 5 th meeting W.P. (C) No. of Special Advisory Group 638 of 2020 of Central Vista Committee W.P. (C) No. dated 23.04.2020 granting 853 of 2020 “No Objection” to the Project.
10. Setting aside decision W.P. (C) No. dated 01.07.2020 taken by 853 of 2020 7 Delhi Urban Arts Commission in its 1545th meeting granting approval to the proposal for New Parliament Building, Plot No. 118.
11. Quashing notice NIT No. W.P. (C) No. 01/CE/PCWZ/CPWD/2020-21 853 of 2020 issued in July, 2020 inviting pre-qualification bids for the construction of New Parliament Building at Plot No. 118.
12. Quashing the Environmental W.P. (C) Clearance dated 17.06.2020 No. 681 of 2020 granted to the Parliament W.P. (C) Project at Plot No. 118 No. 845 of 2020 C. titled “Expansion and Renovation of Existing ENVIRONMENTAL Parliament Building” by CLEARANCE AND MoEF&CC.
OTHER ALLIED
MATTERS 13. Calling for records of W.P. (C) No.
Environmental Clearance 845 of 2020
dated 17.06.2020 and
holding the entire
decision making process
carried out by the Expert Appraisal Committee as vitiated.
14. Declaration that the W.P. (C) No. subject project 845 of 2020 “Development/Redevelopmen t of Parliament Building, Common Central Secretariat and Central Vista at New Delhi” is a composite project for the purpose of Environmental Clearance.
15. Declaration that such W.P. (C) No. 8 project could be carried 638 of 2020 out only after objective W.P. (C) No. and independent assessment 853 of 2020 made after stakeholder consultation to determine necessity of the Project; open design competition; by adopting a transparent process with fixed timelines; and selection of design by independent jury.
16. Declaration that the W.P. (C) No. entire Central Vista 853 of 2020 Project is ultra vires the D. Constitution and illegal, GENERAL null and void.
DECLARATIONS/
17. Appropriate W.P. (C) No. OTHER ISSUES writ/direction/order 853 of 2020 directing respondents to disclose and furnish copies of every document, correspondence and any other communication relating to the conception of Project and upto issuance of notification dated 02.09.2019 to the petitioners.
18. Appropriate T.C. (C) No. writ/direction/order to 229 of 2020 forthwith forbear the (arising out of respondents from W.P. No. proceeding with the 1568/2020 be- implementation of the fore DHC) Project including the W.P. (C) No. construction of proposed 510 of 2020 Parliament building for W.P. (C) No. preventing loss of 681 of 2020 equities. W.P. (C) No. 684 of 2020 9 W.P. (C) No. 853 of 2020
19. Directing action against W.P. (C) No. CPWD for concealment of 681 of 2020 information and submission of false and misleading information regarding category of the Project while seeking Environmental Clearance.
20. Appropriate W.P. (C) No. writ/direction/order to 510 of 2020 CPWD calling for records and enabling Act for identifying violations committed by CPWD.
The parties are free to give suggestions to improve upon or modify the flow chart on the next date of hearing.
List the matter(s) on 25th August, 2020 at 10.30 a.m. (NEETU KHAJURIA) (VIDYA NEGI) COURT MASTER COURT MASTER