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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Constitutional LawSupreme Court of India

Rajeev Suri v. Union of India (Central Vista Project case)

Transferred Case (Civil) · 2021 INSC 4Decided 5 Jan 2021
Transferred Case (Civil) No. 229 of 2020
Justice A.M. Khanwilkar

Background

Several petitioners challenged the Central Government's Central Vista redevelopment project in Delhi, including construction of a new Parliament building, on the ground that the change in land use for six plots, and the environmental, heritage and urban-art clearances granted for the project, were pushed through without proper public consultation and in violation of statutory procedure. The government defended the project as necessary to meet the growing space needs of Parliament and to consolidate government ministries. The matters reached the Supreme Court as transferred cases, an appeal, and multiple writ petitions, which were heard together.

Decision Breakdown

By a 2:1 majority, the Court upheld the project. It held that the change in land use under Section 11A of the Delhi Development Act, the "No Objection" granted by the Central Vista Committee, the Delhi Urban Art Commission's approval, and the Environmental Clearance were all valid and in accordance with law, rejecting claims of procedural illegality or lack of public participation. The majority did direct some additional safeguards (such as installing smog towers/guns during construction) and clarified that heritage "prior permission" is required only at the stage construction actually begins, not at the planning stage. Justice Sanjiv Khanna, dissenting, would have quashed the land-use notification for want of adequate public consultation, directed a fresh public participation process before the Heritage Conservation Committee, and remitted the environmental clearance for fresh consideration by the Expert Appraisal Committee.

Lesson Learnt

Courts will generally defer to the government's policy choices and the clearances of expert/statutory bodies on major infrastructure projects as long as the correct procedure is followed, but the extent and adequacy of public consultation in change-of-land-use and environmental-clearance processes can genuinely divide even the highest court, as reflected in the strong dissent here.

Rajeev Suri v. Union of India (Central Vista Project case) – Legal Case Shots | LegalAware