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The judges of the Supreme Court, who expressed a different opinion in the Central Vista decision case

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Recently, in the Central Vista case, the Supreme Court has ruled in favor of the Central Government. In this decision, Justice Sanjeev Khanna is in the discussion due to disagreeing with his different opinion.

  • News18
  • Last Updated:January 7, 2021, 12:01 AM IST

Justice Sanjeev Khanna is in discussion these days. He is related to a decision of the Supreme Court. Recently, the Supreme Court has given a decision in favor of the Central Government’s decision to redevelop the Central Vista area of ​​Lutyens in Delhi. This decision was given by a three-member bench of the Supreme Court of which Justice Khanna was also a member. This decision was not given by the Bench unanimously, but Justice Khanna was not included in the majority of this decision. Justice Khanna is in discussion about this disagreement.

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Justice Khanna did not disagree on all issues
It is not that Justice Khanna disagreed with his colleagues on all issues in this case. But there were some specific reasons why he kept his decision aside from the decision of the bench. In the third paragraph of the copy of the final decision, those disagreeing points of Justice Khanna are mentioned.

Why is central vista specialThe Central Vista Project is a very high cost project, on completion of which the face of Central Delhi will be completely changed. This is a historical area that people come from far and wide to see, besides the corridors of power have also been here. There are plans to construct several buildings here, including a new parliament building, from Rashtrapati Bhavan to India Gate. Due to the construction of the new Parliament House, it has come in quite a lot of headlines recently.

Objected to this particular thing
Justice Khanna has objected to the change in the use of land. He said that public participation cannot be a mechanical action or a formality in decision making. He also said that the right to give objection and advice includes the right to give clear and sufficient information related to the proposal.

Supreme Court, Justice Sanjiv Khanna, Central Vista case, central vista decision, Lutyens, New parliament,

Changes in the Central Vista area can bring radical changes in Central Delhi. (File photo)

It’s not all
Justice Khanna says that the Delhi Development Act and the Delhi Development (Master Plan and Zonal Development Plan) Rules, 1959, have given the entire process of preparing the master plan and zonal development plan. Under this process, a final plan can be made even after considering representations, suggestions and objections, this process is not complete and no notice was given for it.

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Could not agree
Justice Khanna also says that the proposed redevelopment should have been properly announced, which would have given the right result of public participation but it was only a formality. He said that this is not a small plan but a complete rehabilitation program of Central Vista. The central government said that the development of Central Vista will not change the character of the master plan, but Justice Khanna could not agree.

Supreme Court, Justice Sanjiv Khanna, Central Vista case, central vista decision, Lutyens, New parliament,

In this case, Justice Khanna has objected to many specifics. (File photo)

And these drawbacks too
Justice Khanna also said that the approval of Heritage Conservation Committee or Heritage Conservation Committee (HCC) was not taken in this case. Many decisions and approvals of the Central Vista Committee were prone to foregone. At the same time, during the hearing, people were not given enough time to file objections.

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Justice Khanna has been in the headlines even before
It is noteworthy that two years ago, the Bar Council of India (BCI) had opposed the recommendation of the appointment of then Delhi High Court Justice Sanjeev Khanna to the Supreme Court by the Supreme Court Collegium. The Bar Council termed the collegium’s decision as ‘cynical and arbitrary’. However, Barr also said that he had no complaint with Justice Khanna. Justice Khanna is the nephew of former Justice HR Khanna who resigned against Indira Gandhi.

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