Plots for new PM, V-P houses were not open to public: Centre to top court

On Monday, the top court asked the Centre to respond on two issues -- the need to modify the public recreational space into a residential space, and how it intended to compensate the loss of recreational space.

The Central Vista plots sought to be made the new residences of the Prime Minister and Vice President have never been open for any public recreational purpose, the Centre told the Supreme Court on Friday in response to a public interest litigation that contended the change of land use led to a loss of recreational space for citizens.

The Centre told the Court that six plots on the Central Vista which the present petition was related to housed structures. (PTI File)

The government affidavit, filed by CPWD executive engineer Ashwani Mittal,was after a PIL by lawyer Rajeev Suri questioned the ostensible change of land use of Plot no 1 of the Central Vista from recreational and transportation to residential. “De facto, the area of Plot No.1 is currently being used as Government Offices (offices and hutments of the Ministry of Defence) for almost 90 years now….the place has not ever been open for the general public to utilize it for any public recreational purposes,” the Centre’s affidavit said.

On Monday, the top court asked the Centre to respond on two issues -- the need to modify the public recreational space into a residential space, and how it intended to compensate the loss of recreational space.

Solicitor General Tushar Mehta, appearing for the Centre on Friday, informed a bench of justices AM Khanwilkar and CT Ravikumar about the affidavit. Since the Court could not locate the affidavit on file, the hearing on the petition was adjourned to November 16, allowing the petitioner’s lawyer Shikhil Suri to respond to the Centre’s affidavit.

The Centre told the Court that six plots on the Central Vista which the present petition was related to housed structures built as temporary barracks or stables during the World War 2 according to the needs and requirement of the time. These structures, occupy an area of over 90 acres, the affidavit said, adding that these “precious pieces of land on the Vista are highly underutilised” which include the 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.

Explaining why the Vice President’s residence was proposed for construction on Plot No. 1, the Centre said, “This will in turn help in easing the traffic situation in Central Vista as the movement of Vice President will be mainly to the Parliament when in session. This will be well facilitated by the proposed Vice President Residence being in close proximity to the Parliament.”

By a notification of October 28, 2020, this plot was notified as residential.

The petition argued that the land falling has the facility for transportation across nine acres, while recreational space is six acres, which will now be lost.

The affidavit said that “considering the overall public purpose of the Central Vista” the Centre has not only compensated for the loss of public recreational space but has on its own added numerous facilities in the overall Master Plan of Central Vista Project for the larger benefit of the public.

“The North and South Blocks which cover nearly 27 acres 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,” the Centre said.

In addition, “nearly 118 hectares 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 said.

Seeking a dismissal of the PIL, the Centre said the question of change in character of the Master Plan was addressed by the top court in its January 5 judgment giving the go-ahead to the construction of the Vista project.