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TMI Blog2021 (2) TMI 568X X X X Extracts X X X X X X X X Extracts X X X X ..... al that are subjected to judicial scrutiny and review. Further, matters pertaining to heritage, architectural, functionality etc are for the experts and specialists in the field like Architects, town planers, historians, urbanists, engineers etc. to examine and guide. Suffice it would be to observe that the stands on merits reflect different perceptions and beliefs. The Respondents without doubt do verily believe that redevelopment of Central Vista and new Parliament building is an imperative necessity. Central Vista requires a makeover. The hutments and some of the non-heritage buildings like Shashtri Bhawan, Nirman Bhawan, Udyog Bhawan etc. which it is stated occupy more than 90 acres of land require re-development. Similarly, if new parliament building is required and being a must, it should be constructed. Several former and the present Speaker have expressed the need for construction of a new Parliament. Some of the Petitioners do not oppose partial and regulated redevelopment for functionality, while maintaining and preserving the heritage, ethos and visual look. Central Vista and Parliament House is an heritage and belongs to the Nation and the people. Their primary grievanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ries of the Central Vista Precincts at Rajpath. H) The report of the Heritage Conservation Committee would be then along with the records sent to the Central Government, which would then pass an order in accordance with law and in terms of Section 11A of the Development Act and applicable Development Rules, read with the Unified Building Bye-laws. I) Heritage Conservation Committee would also simultaneously examine the issue of grant of prior permission/approval in respect of building/permit of new parliament on Plot No. 118. However, its final decision or outcome will be communicated to the local body viz., NDMC, after and only if, the modifications in the master plan were notified. J) Heritage Conservation Committee would pass a speaking order setting out reasons for the conclusions. Case is remitted to the EAC with a request that they may decide the question on environment clearance within a period of 30 days from the date copy of this order received, without awaiting the decision on the question of change/modification of land use. - TRANSFERRED CASE (CIVIL) NO. 229 OF 2020 with TC (C) NO. 230 OF 2020, CIVIL APPEAL NO. ….…..... OF 2021 (Arising out of S.L.P. (Civil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 307-312 12. Challenge to Change in Land Use in Reference to Heritage Conservation 313-325 13. Scope of Development on Heritage Sites (Prior Approval vis-a`-vis Prior Permission) 326-332 14. Environmental Clearance (EC) 333-368 15. Merits Review by NGT 369-382 16. Consultation Services NIT a) Selection Process 383-397 b) Design/Concept Competition 398-400 17. Public Trust 401-407 18. Availability of Information in Public Domain 408-410 19. Preliminary Objection in I.A. 411-419 20. Postlude 420-422 21. Conclusion and Order 423-425 INTRODUCTION 1. By these petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... keshift arrangement in the Central Hall causing inconvenience to the members attending official functions thereat, apart from undermining their dignity. Furthermore, the structure falls short of fire, water and electrical safety norms and poses a grave security risk for the legislators and secretariat staff. 5. In order to address the concerns stated above, the Central Government decided to construct a new Parliament building with a futuristic approach and the House of People being 3 times the size of the present chamber. That along with the present Parliament building and Annexe attached therewith, would be referred to as the Parliament Complex. It is further proposed that all the 51 Ministries of the Central Government be housed in 10 buildings within an integrated complex marked with underground transit connectivity and structural identity. Expressing the need for urgent completion of the project, it has been stated that the new Parliament shall symbolize the 75th Independence Day of the country in 2022 as well as the Global G-20 Summit to be hosted by India in the same year. The objectives, as stated in the written submissions of the Respondents, succinctly read thus: (i) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs, rest of the buildings are not heritage buildings and are constructed in the near vicinity based upon the need; (iv) Most of the existing buildings have outlived its structural life and are not earthquake resistant; (v) As there is no common Central Secretariat and Ministries are spread over different locations, the resultant effect is administrative inefficiency and difficulty in inter-departmental coordination; (vi) This also leads to travelling, resulting into traffic congestion and pollution; (vii) Existing secretariat buildings spread all over haphazardly, suffering from poor servicing, inefficient use of land, inadequate facilities and outdated infrastructure; (viii) There are six plots on Central Vista, which houses temporary barracks or stable building during 2nd World War occupying 90 acres of land, which has remained underutilised; (ix) To utilise the underutilised spaces in the Central Vista region; (x) Integrated functioning of all offices of the Central Government; (xi) Modernisation of Government work spaces for enhanced productivity and efficient management of human resources; (xi) To promote the concept of green buildings commensurate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k Sabha and Chairman of the Rajya Sabha in past. (xiii) To ensure a modern and technologically advanced space for single and joint sittings of the Houses of Parliament commensurate with modern safety norms; and (xiv) To preserve the built heritage by not undertaking aggressive reconstruction activity on graded heritage structures on which only minimum renovation measures are permissible in law. 9. Before we begin the discussion, we deem it fit to observe that the proposal, as far as change in land use is concerned, comprises of seven plots falling in the central vista region-Plots No. 2 For short, plot No. 2 or plot No. 118 (or Plot No. 118-New Parliament Building), 3, 4, 5, 6, 7 and 8. The terms central vista region or area and central vista precincts , as used at various places in the judgment, are not interchangeable. Whereas the central vista region broadly refers to the entire region as per the master plan, central vista precincts refers to the Central Vista Precincts at Rajpath as per the list of 141 heritage buildings/precincts. The subject plots, except plot No. 3, fall in the central vista region and not in the central vista precincts. 10. In a const ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court. Indeed, this order is not a reflection on the proceedings before the High Court, in any manner, but in larger public interest, we deem it appropriate that the entire matter pertaining to challenge pending before the High Court is heard and decided by this Court expeditiously. We are given to understand that there is one more writ petition pending before the High Court involving the same issue. Accordingly, Writ Petition Nos. 1568 and 1575 of 2020 pending before the High Court of Delhi shall stand withdrawn to this Court and be registered as Transferred Cases, to be heard along with the present Special Leave Petition on 18.03.2020. Letters Patent Appeal No. 119 of 2020 before the High Court stands disposed of in terms of this order. Any steps taken by the authorities, in the meantime, will be subject to the outcome of the proceedings. Liberty is granted to both sides to file additional documents. The Registry shall forthwith call for the case records of Writ Petition Nos. 1568 and 1575 of 2020 from the High Court. Thereafter, more petitions were filed and we agreed to hear all petitions analogously. We deem it apposite to reproduce two other orders passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... day. The Respondents in the said writ petition to file a comprehensive reply within one week from service of memo of writ petition. Advance copy of the proposed writ petition be served by the applicant(s) in the office of the Solicitor General through e-mail/on-line, at the time of filing the same in the Registry. List the matters at the end of Board in the week commencing 17th August, 2020. Being mindful of the prevailing state of affairs amidst the pandemic, we refrained from insisting upon technicalities during the course of hearing and granted complete freedom to the parties, both in terms of timelines and volume of submissions, to file pleadings, written statements and documents. We may now advert to the challenge raised by the Petitioners in the subject petitions. Civil Appeal No. ........../2020 (Arising out of S.L.P. (C) No. ..........2020 @ Diary No. 8430/2020) 14. The Appellant (writ Petitioners) has challenged the order of Division Bench on the ground that well-considered order of learned single Judge came to be vacated by the Division Bench without hearing the Appellant. This amounted to violation of the basic principles of natural justice which req ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , being the land-owning agency of the plots, initiated the process of change in land use vide letter No. L DO/L-IIA/11(1158)/545 dated 4.12.2019 for 8 plots. Plots No. 1 to 7 and 8 are in Planning Zone-D and C respectively of the central vista area. The said proposal was considered in the Technical Committee Meeting of the DDA on 5.12.2019 wherein the proposal was recommended for further processing by the Authority. The recommendation reads thus: After detailed deliberation, the proposal as contained in Para 4.0 of the agenda with the above modification in land use for Plot No. 1 was recommended by the Technical Committee for further processing Under Section 11A of DD Act, 1957. With the following conditions: (i) The clearances from the PMO, Heritage Conservation Committee and Central Vista Committee shall be taken by L DO. (ii) The heritage buildings shall be dealt as per the relevant heritage provisions. (emphasis supplied) 18. Thereafter, on 11.12.2019, in the meeting of the Authority at Raj Niwas, Delhi (Lieutenant Governor's Residence), the recommendations of the Technical Committee were placed for consideration. The Authority approved the recommendations wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emented by referring to Chapter-16 of the Master Plan which requires a comprehensive land use plan based on current data for undertaking different urban activities, social and physical infrastructure. 21. It is submitted that the proposal issued is ultra vires Section 11A of 1957 Act as the Authority had no power to modify the land use of subject plots. The argument stems from the understanding that the proposed modifications substantially alter the Master Plan and Section 11A(1) prohibits the Authority from undertaking modifications of a nature that effect important alterations in the character of the plan. It is submitted that the nature of changes proposed could not have been carried forth in the name of modifications as they were of a substantial nature and thus, required a fresh Master Plan or amendment to the extant Master Plan. 22. Mr. Shikhil Suri, learned Counsel for the Petitioner has submitted that since the notice dated 21.12.2019 stood vitiated in terms of the abovementioned submissions, the final notification dated 20.3.2020 is bad and illegal as such notification ought to have preceded by a valid public notice. The Petitioner submits that the proposed changes c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plan, the ZDP formulated under the previous Master Plan continues to be operative. 27. In the consolidated counter affidavit, the Respondents (Union of India) have urged that the changes indicated in the proposal regarding land use are in the nature of minor modifications and not substantial alterations of the Master Plan, as suggested. Responding to the argument of lack of authority, the Respondents have urged that the power of Central Government to propose modifications falling Under Section 11A(2) is not restricted as the limitations of Sub-section (1) are strictly meant for the Authority and do not apply to the Central Government as such. To buttress the submission, it is urged that the powers of Central Government Under Sub-section (2) are untrammelled and uninhibited by restrictions which apply to the Authority. 28. Countering the argument that DDA possessed no power to issue public notice, it is submitted in the written submissions that procedure prescribed under the Act requires DDA to publish notice inviting objections, be it for modification of the existing plan or for preparation of new Master Plan. Reference has been made to S.O. 141 dated 7.2.2007 to support thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... change in land use dated 20.03.2020 issued by the Respondent No. 2 herein and all actions taken in furtherance thereof. 32. In response to the notice inviting objections/suggestions regarding the change in land use, a total of 1292 responses were received by the Authority. Thereafter, on 3.2.2020, the Authority sent emails and SMS to the objectors conveying about personal/public hearing on the said responses before the Board of Enquiry and Hearing For short, BoEH scheduled for 6.2.2020 and 7.2.2020. Additionally, on 5.2.2020, the Authority also published a notice (impugned notice) in six leading newspapers having wide circulation informing about the said hearing. The objectors were asked to remain present for personal/public hearing as per the slot (time) allotted to objections clubbed on the basis of commonality of the issue(s) raised by them so as to hear them together. In response, only 42 persons appeared for the oral hearing. The hearings were concluded as per the Schedule published for that purpose. 33. Assailing the said notice, the Petitioners submit that the Respondents called the objectors for public hearing at short notice of only one day which effectively disa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. To counter the aforesaid submissions, Respondent DDA, in its consolidated reply, has submitted that out of 1292 objections, 1156 were identical and even remaining objections raised similar issues. It is urged that personal communication in the form of emails and SMS was sent to the objectors at least 3 days before the date of hearing which constitutes reasonable time in the facts and circumstances of the case and thus, denial of principles of natural justice cannot be alleged. To buttress this submission, it is further submitted that apart from aforesaid communication, the notice of public hearing was also published in six leading newspapers to encourage participation. 37. Responding to the argument of lack of information in public domain before calling for objections, the consolidated reply states that each and every detail relating to the project was published on the official website of Authority (www.dda.org.in) and it was open to common public to access it at any point of time. 38. Learned Solicitor General, appearing for the Respondents, contended that there is no requirement of oral hearing in the 1957 Act or in the 1959 Rules and despite that the hearing was provide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roponent, indicative of the fact that there was an apparent conflict of interest in the CVC. It is further urged that similar identity of the Project Proponent and Chairman subjugated the principle of Nemo Judex In Causa Sua. Referring to the minutes of the meeting, the Petitioner argues that the minutes reveal a clear non-application of mind on the part of this Committee as no reasons are supplied for the alleged No Objection . To buttress this submission, it is urged that the Committee was originally envisaged to be a study group which was meant to advise the Government and contrary to this purpose, the Committee paid a mere lip service to their duty and failed to act as a study group. 42. It is further submitted that the said meeting was not convened in a proper manner as it was not attended by designated officers and various junior officers were present on their behalf to consider the proposal. It is further submitted that the prescribed quorum of the meeting was not complete as only 7 out of 12 members of the study group were present in the meeting, thereby leaving out 5 members belonging to independent non-Governmental organisations. As per the Petitioner's case, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso on the No Objection dated 23.4.2020 granted by the CVC. The relevant prayer reads thus: A. Issue a Writ in the nature of mandamus or any other Writ/Order/Direction thereby quashing No-objection granted by the Respondent No. 2 herein, being the Central Vista Committee, to the proposed New Parliament Building in its meeting dated 23.04.2020, which is reflected in the minutes of that meeting circulated on 30.04.2020 and all consequential actions taken thereto; 47. In addition to the grounds urged in W.P. (C) 510/2020, the Petitioners herein submit that the CVC was functioning under the chairmanship of ADG (Works) who is not an architect or town planner and thereby lacks the requisite skills/knowledge required for considering the said proposal. The argument is supplemented in the written submissions where it is stated that the nature of duties entrusted to CVC requires the head of the Committee to be a professional architect or town planner so as to consider the proposal in a nuanced manner. To buttress this submission, the Petitioners contend that the meeting was called despite absence of external experts and it was a deliberate step to avoid professional scrutiny of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ashtra State Board of Secondary and Higher Secondary Education v. K.S. Gandhi and Ors. (1991) 2 SCC 716 (paras 20 and 21). 53. The argument regarding the statutory character of CVC has been countered by learned Solicitor General. He would urge that it is merely an advisory body with a limited mandate to advise the Government on a proposal submitted for its consideration. It has no authority to grant approvals or take decisions. Further, merely because a body has been referred to in the ZDP (Zone-D) or has been working for a prolonged period, it will not assume a statutory character on its own until it is so provided by a statute. 54. As regards the argument of non-application of mind, it is submitted that CVC is not supposed to supply reasons for its approval in a manner akin to judicial/quasi-judicial bodies and the fact that CVC, in its decision, had asked the project proponent/CPWD to ensure that the project is in sync with the character of Central Vista reveals due application of mind. It is urged that application of mind must be revealed from a substantial compliance perspective. The Respondents have urged that the present case is a sui generis one and must be treated ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the nature of a Writ/Order calling for the records of the Environmental Clearance dated 17.06.2020 issued by the Respondent No. 1 and thereafter hold that the entire decision making process as carried out by the Expert Appraisal Committee in the build-up to the issuance of the Environmental Clearance dated 17.06.2020 is vitiated and accordingly set aside the same; c. Pass an Order in the nature of a Writ/Order declaring that the subject project being Development/Redevelopment of Parliament Building, Common Central Secretariat and Central Vista at New Delhi is a composite project for the purposes of seeking Environmental Clearance; In addition to the aforesaid prayer for quashing the Clearance, the Petitioners in W.P. (C) 681/2020 have alleged a case of deliberate concealment of information and supply of misleading information in the proposals submitted for EC and prayed thus: 2. Direct action against Respondent No. 3 as Project Proponent for concealment of information and submission of false and misleading information; classifying the project as a Category B2 instead of Category B1; and a Schedule 8(a) project instead of 8(b); and obtaining Environment Clearance; which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (TOR), Scoping and EIA Report as these requirements do not apply to B2 category projects. To buttress this submission, it is added that it was only to bypass the comprehensive scrutiny that the Respondents characterised the proposal as a renovation and expansion project, instead of specifying that a whole new building with a built-up area measuring 65,000 sq.m. is being proposed alongwith the development of Central Vista precincts as a whole. 59. According to the Petitioners, the proposed Project is a single project with three components-Development/Redevelopment of Parliament Building, Common Central Secretariat and Central Vista. The argument of deliberate disintegration and slicing of the project is further supported by referring to various documents of the Government wherein a single vision was projected by the Government viz.: (i) CPWD notice inviting bids which referred to the project as Development/Redevelopment of Parliament Building, Common Central Secretariat and Central Vista at New Delhi. (ii) Public notice of DDA dated 21.12.2019 inviting objections and suggestions proposed change in land use of 8 plots collectively. (iii) MoHUA Press Release dated 25. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l have minor and incremental impacts on the environment is alleged to be baseless and unfounded. It is urged that absent any scientific assessment to back its claim, the project proponent misinformed the expert committee and gave false assurances regarding impact on air pollution, noise pollution, geology, ecology and biodiversity. The Respondents' assurance on transplantation of trees is also assailed as baseless and lacking in substance as no study was conducted to determine the age, girth and species of the trees which are essential elements for examining the potential of survival of a transplanted tree. 63. The Petitioners further submit that the project proponent misinformed and misled the expert committee as regards the requirement of parking space and acted in violation of Master Plan which mandates a parking requirement of 1.8 ECS (Equivalent Car Space) per 100 sq.m. of built-up area. Contrary to this specification, parking space of 100 ECS was stated in the requirements for the proposed built-up area of 65,000 sq.m. which is grossly low. 64. Relying upon Vellore Citizens' Welfare Forum v. Union of India and Ors. (1996) 5 SCC 647 and A.P. Pollution Control Boa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia and Ors., Intellectuals Forum, Tirupathi v. State of A.P. and Ors. (2006) 3 SCC 549 (paras 66 to 69, 72 to 76, 78 and 82), Common Cause v. Union of India and Ors. (2017) 9 SCC 499 (paras 208, 209 and 210), Sarpanch, Grampanchayat, Tiroda, Tal. Sawantwadi, District Sindhudurg, Maharashtra and Ors. v. Ministry of Environment Forests and Ors. and Goel Ganga Developers India Private Limited (2018) 18 SCC 257 (para 17). 68. In counter affidavit filed by CPWD, it is submitted that the new Parliament building is being constructed adjacent to the existing building and both buildings will supplement each other in terms of functionality. Simultaneously, the existing building shall be retrofitted and renovated in accordance with the limitations prescribed for Grade-I structures and thus, the project was rightly named as an expansion and renovation project. 69. It is submitted that in terms of 2006 Notification, no detailed EIA is required for building projects with built-up area of less than 1,50,000 sq.m. as they fall under category 8(a), and since the built-up area of subject project is less than 1,50,000 sq.m., no such assessment is required as per the notification and thus, EAC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor General urged that merely because the project was mentioned in the comprehensive project and in the bid document for engagement of the Consultant, it does not mean that the project proponent is obliged to treat it as a whole for all future purposes. Whereas, the Government is well within its rights to even drop the plan of Central Secretariat project without impacting the Parliament project. It is urged that expansion/renovation of Parliament and development of new Central Secretariat in that sense are two distinct projects and attract different procedural compliances under law before the construction thereof commences, as stated in the written submissions thus: 20. It is submitted that carrying out architectural and engineering planning of all the components through a single consultant with a view to benefit from cost and planning efficiencies does not automatically mean that the Parliament project and the remaining Central Vista redevelopment projects are, for the purposes of an environment clearance, is a single project. It is submitted that Parliament Project and the remaining Central Vista redevelopment are different projects and the planning in respect of such projects ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wage treatment plant at the site, usage of recycled water, rain water storage tanks, usage of recycled material, solid waste management etc. shall be followed. 75. Learned Solicitor General has sought to distinguish the judgment of this Court in Hanuman Laxman Aroskar (2019) 15 SCC 401 (para 112.8) by contending that in the said case, the analysis was done in context of a Category-A project and moreover, the view of the Court as regards the requirement of reasons was in the context of the facts of that case. It is submitted that as per the 2006 Notification, reasons are required only in cases of rejection of objections and not in all cases. To buttress this submission, the argument advanced in W.P. (C) 638/2020 that decisions taken by experts are not akin to those taken by judicial/quasi-judicial bodies has been reiterated. W.P. (C) No. 853/2020 76. On 2.9.2019, the Respondent CPWD invited bids vide NIT No. 04/CPM/RPZ/NIT/2019-20 from national/international design and planning firms for appointment of Consultant (Consultancy Services) for a comprehensive architectural and engineering planning for development/redevelopment of Parliament Building, Common Central Secretar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and independent assessment made after stakeholder consultation which confirms the necessity for such a project; (ii) through a widely publicized Open Design Competition; (iii) by adopting a transparent process with adequate timelines that enable wide participation in the consultancy, design and execution phases; and (iv) through the selection of the design by a representative and independent jury; c. A declaration that Parliament building is a part of India's national political heritage; that it is a living symbol of Indian democracy; and that it can only be supplanted by following a transparent process involving the widest stakeholder consultation and global best practices for selecting excellence in design; d. A writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction ordering and directing Respondent No. 1 and No. 2 to disclose and furnish copies to the Petitioners of each and every document, correspondence and any other communication (including electronic records) relating to the conception of the impugned Project and up to the date of the issuance of the impugned Notice inviting Bid NIT No. 04/CPM/RPZ/NIT/2019-20 dated 02 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e that the Respondents have followed the principle of Rule by Law right from the stage of conception of the subject project and have failed to comply with the idea of substantive due process including in obtaining various approvals and clearances for the same. As is manifest from the aforesaid prayer, the Petitioners have called upon this Court to issue suitable declarations relating to democratic due process, standards of transparency, public consultation and procedural fairness in a project of this nature and importance. 80. In addition to grounds already urged with respect to common prayers in previous petitions, the primary submission of the Petitioners herein is that any decision to change or renovate the Parliament building ought to be preceded by widest public consultation as it is an essential feature of democratic due process. The Petitioners contend that a project of this nature should be backed by a legislation and even if the same is not made, the executive Government is bound to work under the contours of a limited Government ensuring minimum standards of stakeholder consultation, transparency, fair competition, adequate participation time and excellence in design ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oration and Renewal) Act, 2019 passed by UK Parliament to contend that this comprehensive legislation reflects the best practices adopted by other democracies while undertaking projects of this nature. 83. Assailing the decision of DUAC, the Petitioners have argued that the Commission acted in a manner contrary to its statutory scheme as per Memorandum No. 1(2)/82-DUAC dated 7.7.2005 which enjoins it with the duty of preservation. As a statutory body, the Petitioners submit, the Commission ought to have considered the impact of this project on heritage by conducting a thorough study and it failed to fulfil its mandate by not doing so. This mandate is borne from Section 11 of the Delhi Urban Art Commission Act, 1973 For short, the DUAC Act which enjoins the Commission with a duty to advise the Government and lay down guidelines for the local bodies. The Petitioners submit that this duty to advise must continue at all stages of the process including the pre-tender stage. 84. While taking exception to the No Objection granted by CVC, the Petitioners' stand is similar to that taken in W.P. (C) 638/2020 as has been set out hitherto. Hence, the same is not reiterated for br ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ors. (2017) 10 SCC 1 to contend that akin to privacy, democracy is also a travelling right which travels across all tenets and all stages of the project. 87. The written submissions of Petitioners state that right to public participation and consultation is a pre-requisite for consequential state action and it flows from 19(1)(a) of the Constitution. It is submitted that this requirement is born out of reasonableness and State is under a constitutional duty to take affirmative measures to ensure maximum participation. It is urged that what extent of participation may be reasonable in a given case may be determined on a case-to-case basis keeping in mind certain parameters including-scope and public importance of State action, urgency involved, availability of forums to engage with public, efficacy of public participation etc. 88. The Petitioners, in written submissions, have supported the idea of wide public participation by drawing strength from comparative constitutional position on the subject-matter in other jurisdictions. Reliance has been placed upon Doctors for Life International v. Speaker of the National Assembly and Ors. 2006 (12) BCLR 1399, delivered by the Consti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulted and whose input is sought-in this case, the entire citizenry of India, represented non-exclusively through the Writ Petitioners. (b) There must be a 'meeting of minds' between the proposer and the stakeholder; (c) The precursors for an effective 'meeting of minds' are that the stakeholder must be: (1) provided all relevant materials available to the proposer, and (2) given sufficient time to prepare its response; (d) The parties must 'deliberate' upon the subject matter, such that there is full and meaningful communication of each party's proposals and counter-proposals, and the parties 'make their respective points of view known to the others' and 'discuss and examine the relative merits of their views'; and (e) While a consensus is not necessary, the minimum preference is for there to be a 'satisfactory solution' for all concerned. It is submitted that the Central Vista Project has failed to meet these requirements. 92. The Petitioners, in written submissions, have adopted a ground similar to that taken in T.C. (C) 230/2020 to contend that availability of information is essential for public consultation. Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive of Clause 7.26, UBBL 2016 which specifies that no changes other than prolonging the life of the heritage structures are permissible. The argument is on similar lines with those taken already in W.P. (C) Nos. 638/2020 and 845/2020 and is not being elaborated. 96. The Petitioners have further submitted that no estimated cost of project was provided in the tender document which is not only arbitrary but also violative of Rule 182 of General Finance Rules, 2017 which envisages for an estimation of reasonable expenditure. It is submitted that consultation NIT sought to employ a Quality and Cost Based Selection (QCBS) system while at the same time, inviting bids on a cost percentage basis which effectively made it impossible to rank different bids in a fair and non-discriminatory manner. The provision regarding percentage-based fee has also been alleged to be contrary to Clause 3.4.2 of Manual of Procurement of Consultancy Services (Ministry of Finance) which discourages percentage-based fee as it lacks incentive for economic design. 97. Advancing the ground of public trust adopted in previous petitions, in this petition as well, Mr. Divan has stoutly contended that the Respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r. v. Central Electricity Regulatory Commission (2009) 15 SCC 570, Sakal Papers (P) Ltd. and Ors. v. Union of India AIR 1962 SC 305, Bennett Coleman Co. and Ors. v. Union of India and Ors. (1972) 2 SCC 788, Union of India and Ors. v. Motion Picture Association and Ors. (1999) 6 SCC 150, Life Insurance Corporation of India v. Prof. Manubhai D. Shah (1992) 3 SCC 637, Secretary, Ministry of Information Broadcasting, Govt. of India and Ors. v. Cricket Association of Bengal and Ors. (1995) 2 SCC 161, Chandramouleshwar Prasad v. Patna High Court and Ors. (1969) 3 SCC 56 (para 7), Orissa Mining Corporation Limited v. Ministry of Environment Forests and Ors. (2013) 6 SCC 476 (paras 50, 51, 66 and 70), Democratic Alliance and Anr. v. Masondo NO and Anr. 2003 (2) BCLR 128 (CC) (South African Constitutional Court), Matatiele Municipality and Ors. v. President of the Republic of South Africa and Ors. 2007 (1) BCLR 47 (CC) (South African Constitutional Court), South African Veterinary Association v. Speaker of the National Assembly and Ors. 2019 (2) BCLR 273 (CC) (South African Constitutional Court), Law Society Case of Kenya v. Attorney General and Ors. Civil Appeal No. 96 of 2014 decid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neral Purpose Committee For short, GPC which states that the idea of GPC, originally constituted for the first time on 26.11.1954, was to enable the Presiding Officer/Speaker to take into confidence all members of the House irrespective of party lines while considering matters relating to the affairs of the House. Learned Solicitor general has further submitted that the need for this project was expressed by the then Speaker of Lok Sabha in writing vide letter dated 9.12.2015. In 2019, another letter was addressed by the present Speaker to the Prime Minister. Furthermore, separate presentations were conducted by the officials of the concerned departments before Speaker of Lok Sabha and Chairman of Rajya Sabha i.e., Vice-President of India in order to apprise them about the project. It is submitted in the affidavit that GPC for 17th Lok Sabha was constituted on 21.11.2019 and present composition of the said Committee has representation from the following national political parties; whose members were elected representatives in the Parliament: Bhartiya Janata Party (BJP) Dravida Munnetra Kazhagam (DMK) All India Trinamool Congress (AITC) Indian National Congre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which is a statutory body meant to advise and guide the Government on matters submitted to it. It is submitted that as per Section 11 of the DUAC Act, the proposal must be submitted for scrutiny by DUAC in respect of any project of building operations or engineering operations or any development proposal. It is stated that considering different stages for different components of the project, DUAC approval as regards the Parliament project has been obtained whereas the approval for rest of central vista precincts shall be taken as and when the development activity thereat is proposed in future. As regards application of mind, it is stated that the proposal was first considered by the committee in its 1542nd meeting dated 5.6.2020 wherein it was deferred due to insufficient information as regards vehicular parking plan and landscape plan. Thereafter, a revised proposal was placed before the committee in its 1545th meeting dated 1.7.2020 wherein it had been approved. It is further submitted that the minutes of the committee reveal that all representations concerning heritage, parking, landscape etc. were placed before the committee and duly considered by it while granting approval. To ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Respondents have also contended that even if any irregularity could be pointed out in the tender process, none of the participants raised any grievance as regards the same and the Petitioners have no locus to escalate it at this stage by way of a public interest litigation. 109. On the alleged irregularities in percentage-based fee mechanism, it is submitted that the apprehension regarding percentage-based fee for consultancy services is not sustainable as the consultancy fee was consciously pegged by the Government vide corrigendum dated 23.9.2019 and thus, there was no incentive left for the consultant to escalate the cost of the project. 110. Addressing the contention of heightened judicial review in this case, the Respondents, in addition to grounds already urged in T.C. (C) 229/2020, have submitted that the subject project involves a set of policy decisions, namely-construction of new Parliament, location of proposed structure, common Central Secretariat, treating them as mutually independent projects and to achieve these objectives without impinging upon heritage. It is urged that the scope of judicial review must be limited to the examination of violation of statu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... making a Master Plan or of deciding whether or not a new building is required was never entrusted to the consultant and it was a conscious decision taken by the Government after consultation with all relevant entities. The Consultation NIT merely called upon the prospective bidders to prepare a vision document which could be used to understand the vision of the bidders regarding the project and scrutinize their applications on that basis and therefore, it cannot be said that Government abdicated its duty. The consultant was merely to advise whether renovation would suffice or a new structure would be imminent and final decision regarding all aspects of the project rested with the Government. 114. To support their position, the Respondents have placed reliance upon Narmada Bachao Andolan v. Union of India and Ors. (2000) 10 SCC 664 (paras 226 to 235), Shimnit Utsch India Private Limited and Anr. v. West Bengal Transport Infrastructure Development Corporation Limited and Ors. (2010) 6 SCC 303 (para 34, 42 to 48 and 52), State of Madhya Pradesh v. Narmada Bachao Andolan and Anr. (2011) 7 SCC 639 (paras 36 and 37), Directorate of Film Festivals and Ors. v. Gaurav Ashwin Jain and Or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs. v. E.G. Nambudiri AIR 1991 SC 1216 (paras 6 to 10), Maharashtra State Board (1991) 2 SCC 716 (paras 22 and 23), Mahabir Jute Mills Ltd., Gorakhpur v. Shibban Lal Saxena and Ors. (1975) 2 SCC 818 (para 3), Sarat Kumar Dash and Ors. v. Biswajit Patnaik and Ors. 1995 Supp (1) SCC 434 (para 11), Dr. Ashwani Kumar v. Union of India and Anr., R.K. Garg v. Union of India and Ors. (1981) 4 SCC 675 (para 8), Premium Granites and Anr. v. State of T.N. and Ors. (1994) 2 SCC 691 (para 54), Delhi Science Forum v. Union of India (1996) 2 SC 405 (para 7), BALCO Employees' Union (Regd.) v. Union of India and Ors. (2002) 2 SCC 333 (paras 77 to 88), State of Madhya Pradesh v. Narmada Bachao Andolan (2011) 7 SCC 639 (para 36), Natural Resources Allocation (2012) 10 SCC 1 (paras 146 to 150), G.B. Mahajan and Ors. v. Jalgaon Municipal Council and Ors. (1991) 3 SCC 91 (paras 22 to 26), Meerut Development Authority (2009) 6 SCC 171 (paras 40 to 46, 61, 62, 67 and 68), Indira Nehru Gandhi v. Raj Narain 1975 Supp. SCC 1 (paras 176 and 661), State of Karnataka v. Union of India and Anr. (1977) 4 SCC 608 (para 238), Kuldip Nayar and Ors. v. Union of India and Ors. (2006) 7 SCC 1 (para 107), Ashoka Ku ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r v. Union of India (1970) 1 SCC 248, Maneka Gandhi v. Union of India and Anr. AIR 1978 SC 597, Bachan Singh v. State of Punjab: (1980) 2 SCC 684, State of A.P. and Ors. v. McDowell Company and Ors. (1996) 3 SCC 709, Mohd. Arif alias Ashfaq v. Registrar, Supreme Court of India and Ors. (2014) 9 SCC 737, Shayara Bano (2017) 9 SCC 1 (para 85), K.S. Puttaswamy and Anr. (I) (2017) 10 SCC 1, Swiss Ribbons Private Limited and Anr. v. Union of India and Ors. (2019) 4 SCC 17, Kesavananda Bharati Sripadagalvaru v. State of Kerala and Anr. (1973) 4 SCC 225 (paras 634, 1436, 1437 and 1442), Peerless General Finance and Investment Co. Limited and Anr. v. Reserve Bank of India (1992) 2 SCC 343 and Daroga Singh and Ors. v. B.K. Pandey (2004) 5 SCC 26 (para 30). 115. Appearing for Respondent No. 9 (Consultant), Mr. Harish Salve, learned Senior Counsel stoutly contends that allegations of bias and favouritism have been made by the Petitioners which colourises this challenge as one based on malice in fact. That allegation cannot proceed further in absence of the person against whom such case of bias is pleaded, by name. It is submitted that the virtue of participatory democracy is laudable but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government offices. The said notification is assailed by the Petitioners herein with the following prayer: i. Issue an appropriate writ, order or direction calling for records and for quashing the Notification S.O. 3348 (E) : dated 17.10.2017, promulgated by Respondent No. 1 being ultra vires the power under the Delhi Development Authority Act of 1957, and in violation of Article 14 and 21 of Constitution of India; 120. In addition to grounds urged in T.C. (C) 229/2020, it is submitted that the said notification violates the tenets of Wednesbury Principle of Reasonableness and can be assailed on the three grounds of-illegality, irrationality and procedural impropriety. The Petitioners submit that the notification was the result of a colourable exercise of power and no such power vested with the Respondents so as to permit the usage of land for uncontemplated purposes. 121. To support their case, the Petitioners have relied upon Syed Hasan Rasul Numa and Ors. v. Union of India and Ors. (1991) 1 SCC 401 (paras 11 to 14), Mackinonn Mackenzie Co. Limited v. Mackinnon Mackenzie Employees Union (2015) 4 SCC 544 (paras 42 and 44), Babu Verghese and Ors. v. Bar Council of Kerala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12.1946, when the Constituent Assembly embarked upon the journey to create the most fundamental instrument of future governance of the country, it had two concepts in mind-democracy and Rule of Law. The reason for this pin-pointed emphasis reflects aptly from the words of Sir S. Radhakrishnan, who rose to speak up as the first speaker after election of Permanent Chairman on 11.12.1946. He said: ...We have to remember with gratitude all those great souls who worked and suffered for the freedom of this country, for the dawn of this day. Thousands died, more thousands suffered privation, imprisonment, and exile, and it is their suffering that has cemented and built up this great edifice... Constituent Assembly Debates Vol. I (9.12.1946-23.12.1946) 126. The fact that millions of Indians had struggled incessantly to breathe in a democratic polity which treated them not as mere subjects but as cardinal constituents on which the whole edifice of the nation stands, was the primary reason that our Constitution makers wanted an environment where law operates equally upon one and all, where Rule of Law trumps over even the slightest notion of Rule by whims, where the equation between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hout all the Dominions and Colonies in the British Commonwealth. So far as India is concerned, the role of the Privy Council has been one of the most important. It has been a very great unifying force and for us Indians it became the instrument and embodiment of the Rule of law, a concept on which alone we have based the democratic institutions which we have set up in our Constitution. Constituent Assembly Debates Vol. IX (30.7.1949-18.9.1949) (emphasis supplied) He added: Sir, on the 26th of January our Supreme Court will come into existence and it will join the family of Supreme Courts of the democratic world of which the Privy Council is the oldest and perhaps the greatest. I can only hope and trust that though we part with the Privy Council our Supreme Court will carry forward the traditions of the Privy Council, traditions which involve that judicial detachment, that unflinching integrity, that subordination of everything to the Rule of law and that conscientious regard for the rights and for justice not only between subjects and subjects but also between the State and the subjects. (emphasis supplied) What emerges from this discourse is that the makers of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the state and depending on the nature of model adopted in a country, such Rule can be effected in multiple ways. When we gave to ourselves the Constitution, we categorically envisioned such Rule to be DEMOCRATIC i.e., Government of the people, by the people and for the people. The word law , now, lays down the precise contours of mode of ruling in India. Article 13 provides an inclusive definition of law as understood in India and reads thus: 13. Laws inconsistent with or in derogation of the fundamental rights.-- (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this Clause shall, to the extent of the contravention, be void. (3) In this article, unless the context otherwise requires,-- (a) law includes any Ordinance, order, bye-law, rule, Regulation, notification, custom or usage having in the territory of India the force of law; (b) laws in for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstitution. It provides a constant trigger to any state-citizen intercourse and calls upon this Court to strike a just balance between two entities, both equally bound by the same principle of superiority of law. A just and time-tested methodology to strike this balance lies in the end product of furthering the avowed goal of a democracy premised upon Rule of Law and not dragging it backwards. 135. 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 perform such substantive functions. That must be the constant endeavour to touch both ends as well as means. DEMOCRATIC DUE PROCESS AND JUDICIAL REVIEW 136. The Petitioners have called upon this Court to apply the scale of democratic due process for examining the validity of procedures adopted by the Respondents at various stages. Before expressing our opinion on whether the concept of Rule of Law in India envisions something akin to a democratic due process or not, we must make an endeavour to understand the meaning of this phra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rson's life, liberty or property is at stake. The underlying idea behind shifting the judicial eye from blanket application of due process to enforcement of specific processes under statutes is that, due process must be restricted to matters involving actual deprivation of life, liberty or property. Smolla, in the aforesaid work, notes that all administrative due process decisions were primarily marked by two characteristics: ..... first, a property interest is not an abstract expectation of a benefit, but a legitimately claimed entitlement; and second, in determining whether an asserted interest is a mere expectation or a matured entitlement, the Court will look not to the Constitution, but to an independent source of law, such as a state statute Duke Law Journal, Vol. 1977, No. 2, Eighth Annual Administrative Law Issue (May, 1977), pg. 454. This conscious judicial departure from blanket application of due process Clause is understood in the American constitutional discourse as evolution of due process into democratic due process-as it restates giving effect to the mandate of statutes duly enacted by elected representatives. 139. Though the Petitioners have used thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of an executive responsible to the legislature. In the development of the doctrine of 'due process', the United States Supreme Court has not adopted a consistent view at all and the decisions are conflicting. One decision very often reversed another decision. I would challenge any member of the Bar with a deep knowledge of the cases in the United States Supreme Court to say that there is anything like uniformity in regard to the interpretation of 'due process'. One has only to take the index in the Law Reports Annotated Edition for fifteen years and compare the decisions of one year with the decisions of another year and he will come to the conclusion that it has no definite import. It all depended upon the particular Judges that presided on the occasion. Justice Holmes took a view favourable to social control. There were other Judges of a Tory complexion who took a strong view in favour of individual liberty and private property... Constituent Assembly Debates Vol. VII (4.11.1948-8.1.1949) (emphasis supplied) Before the amendment was negatived by voting, Dr. B.R. Ambedkar rose to sum up the controversy in the Assembly and noted as to how the distinction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Justice Frankfurter, the Drafting Committee deleted the phrase due process of law and replaced it with procedure established by law . Granville Austin refers to the interaction between Frankfurter and B.N. Rau and the reason for the deletion [Granville Austin, The Indian Constitution: Cornerstone of a Nation (Oxford University Press, 1966) at p. 103.]: Soon after, Rau began his trip to the United States, Canada, Eire, and England to talk with justices, constitutionalists, and statesmen about the framing of the Constitution. In the United States he met Supreme Court Justice Felix Frankfurter, who told him that he considered the power of judicial review implied in the due process Clause both undemocratic--because a few Judges could veto legislation enacted by the representatives of a nation--and burdensome to the Judiciary. Frankfurter had been strongly influenced by the Harvard Law School's great constitutional lawyer, James Bradley Thayer, who also feared that too great a reliance on due process as a protection against legislative oversight or misbehaviour might weaken the democratic process. Thayer's views had impressed Rau even before he met Frankfurter. In his Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... law in Article 21 has been interpreted to mean in Maneka Gandhi case that the law must be right, just and fair, and not arbitrary, fanciful or oppressive. Otherwise it would be no procedure at all and the requirement of Article 21 would no be satisfied. If it is arbitrary it would be violative of Article 14... However, in Rajbala and Ors. v. State of Haryana and Ors. (2016) 2 SCC 445, this Court succinctly observed about the non-existence of the doctrine of substantive due process in the Indian Constitution thus: 64. From the above extract from McDowell Co. case [State of A.P. v. McDowell Co., (1996) 3 SCC 709, para 43] it is clear that courts in this country do not undertake the task of declaring a piece of legislation unconstitutional on the ground that the legislation is arbitrary since such an exercise implies a value judgment and courts do not examine the wisdom of legislative choices unless the legislation is otherwise violative of some specific provision of the Constitution. To undertake such an examination would amount to virtually importing the doctrine of substantive due process employed by the American Supreme Court at an earlier point of time while exami ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to the validity of a law with the exercise of substantive due process under the US Constitution. Reference to substantive due process in some of the judgments is essentially a reference to a substantive challenge to the validity of a law on the ground that its substantive (as distinct from procedural) provisions violate the Constitution. (emphasis supplied) 144. Therefore, the trajectory of our jurisprudence in review of matters involving personal liberties has been one of strict approaches. It is, however, a misnomer to propagate that we have gradually transformed from chosen procedure established by law into once consciously rejected due process of law . Indisputably, we are not dealing with a matter of personal liberty per se. The Petitioners, despite their best of efforts, have not been able to demonstrate a case of deprivation of life or personal liberty of any individual on account of any of the impugned executive action. Whereas, it is essential for the Petitioners to demonstrate a real and direct impact or restriction on their core fundamental rights due to the impugned executive action to invoke the due process argument. A cause-effect relationship is essential. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, Benjamin Cardozo, New Haven: Yale University Press, 13th Edn. 1946 pg. 141. In Reliance Airport Developers (2006) 10 SCC 1 (paras 56, 77 and 89 to 92), this Court discussed the scope of judicial review in administrative action and noted thus: 56. One of the points that falls for determination is the scope for judicial interference in matters of administrative decisions. Administrative action is stated to be referable to broad area of governmental activities in which the repositories of power may exercise every class of statutory function of executive, quasi-legislative and quasi-judicial nature. It is trite law that exercise of power, whether legislative or administrative, will be set aside if there is manifest error in the exercise of such power or the exercise of the power is manifestly arbitrary (see State of U.P. v. Renusagar Power Co. [(1988) 4 SCC 59 : AIR 1988 SC 1737]). At one time, the traditional view in England was that the executive was not answerable where its action was attributable to the exercise of prerogative power. Professor de Smith in his classic work Judicial Review of Administrative Action, 4th Edn. at pp. 285-87 states the legal position in his own ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch administrative action is subject to control by judicial review. The first ground I would call 'illegality', the second 'irrationality' and the third 'procedural impropriety'. That is not to say that further development on a case by case basis may not in course of time add further grounds. I have in mind particularly the possible adoption in the future of the principle of 'proportionality' which is recognised in the administrative law of several of our fellow members of the European Economic Community; but to dispose of the instant case the three already well-established heads that I have mentioned will suffice. (emphasis supplied) Apart from noting that judicial review is warranted only in cases of illegality, irrationality and procedural impropriety, Lord Diplock prophetically noted that the categories of review could not be exhaustive in a society where administrative action is making inroads in all spheres of human activity and that proportionality could emerge as yet another ground of review in future. 147. This Court succinctly summed up the position in Tata Cellular v. Union of India (1994) 6 SCC 651 and observed thus: 94. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision as to whether the Government's claim is bona fide. In this kind of non-justiciable area judicial review is notentirely excluded, but very limited. It has also been said that powers conferred by the Royal Prerogative are inherently unreviewable but since the speeches of the House of Lords in Council of Civil Service Unions v. Minister for the Civil Service [1985 AC 374 : (1984) 3 WLR 1174 (HL) : (1984) 3 All ER 935] this is doubtful. Lords Diplock, Scaman and Roskili appeared to agree that there is no general distinction between powers, based upon whether their source is statutory or prerogative but that judicial review can be limited by the subject-matter of a particular power, in that case national security. Many prerogative powers are in fact concerned with sensitive, non-justiciable areas, for example, foreign affairs, but some are reviewable in principle, including the prerogatives relating to the civil service where national security is not involved. Another non-justiciable power is the Attorney General's prerogative to decide whether to institute legal proceedings on behalf of the public interest. (emphasis supplied) 150. It is noteworthy that even in R. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case may be. The Court may interfere only when the case involves infringement of fundamental rights guaranteed by the Constitution or any other statutory right. 152. A priori, the prescription of procedure to be deployed by the administration in taking their decisions in the ordinary course of their business is not for the Court to decide. More particularly, in cases where decisions are taken in tune with a duly enacted statutory scheme, it is not open to a Court of law to disregard the same on the specious reasoning that the governing statutory scheme is deficient for the nature of or significance of the project. Even if a Court finds it debatable, that can be no ground for the Court to quash an action taken strictly in accord with the prescribed procedure. 153. Indubitably, Rule of Law is based on the concept of expository jurisprudence which requires exposition of contents of actual legal system as it exists Black's Law Dictionary, 11th Edition (Page 726) . To say that in a given case the statutory scheme laying down the procedure is not good enough and a new standard of democratic due process ought to have been deployed by the executive would be a classic way ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l's rights is secured through the medium of an impartial judicial authority. By judicial it is not meant that the authority must have the paraphernalia of a trial in a civil court. An administrative tribunal infused with the requisite qualities for competently performing its functions consistently with the basic norms of the judicial process, acts judicially. When the tribunal departs from the basic norms of the judicial process or is swayed by irrelevant considerations or objects, the Rule of Law is violated; (b) the law must be designed to ensure for the individual equality of status and opportunity, in fields social, political and economic, and provide environment for development of his special forte and his capacities. published in 1972 at Bombay, pp. 24-25 (emphasis supplied) Thus, to add subjective notions of the Court in statutory processes would be antithetical to the fundamental tenet of Rule of Law which requires all power in the State to be exercised in accordance with the procedure established by law. 156. Another dimension to be kept in mind is the factum of subjective satisfaction of the executive. The law regarding the involvement of constitutional C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the objective facts/circumstances did not exist; or (b) it was impossible for anyone to form the opinion/satisfaction based on those facts/circumstances, for then the Government's opinion could be challenged on the ground of non-application of mind or perversity or on the ground that it was formed on grounds extraneous to the legislation and was beyond the scope of the statute. The aforesaid principles are restated in Rohtas Industries (1969) 1 SCC 325 (paras 7 to 9, 11 and 13) wherein this Court noted thus: 11. ...For the reasons stated earlier we agree with the conclusion reached by Hidayatullah and Shelat, JJ. in Barium Chemicals case that the existence of circumstances suggesting that the company's business was being conducted as laid down in Sub-Clause(1) or the persons mentioned in Sub-Clause (2) were guilty of fraud or misfeasance or other misconduct towards the company or towards any of its members is a condition precedent for the Government to form the required opinion and if the existence of those conditions is challenged, the courts are entitled to examine whether those circumstances were existing when the order was made. In other words, the existen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances, if at all any, wherein the Court not only surpasses the boundaries reserved for its oversight in the Constitution but also provides it an express recognition by acknowledging a heightened review. Would it be justified for the Court to innovate and elevate the standard of review after a decision has already been taken by the executive in accordance with the procedure established by law, in pursuance of a policy? If yes, what would be the basis or benchmark for the Court to identify the subject matters wherein such innovation or elevation is permissible? 160. The Petitioners contend that standards may be heightened only for this project which is a sui generis one. Even the Respondents have at one stage called for a sui generis treatment for this project. We must note at the very outset that we are impressed with none. To consider a particular subject matter as sui generis in common parlance is one thing, but to accord something with that character in a judicial proceeding is an altogether different thing. Concededly, exposition of any such jurisprudence would be fraught with unforeseen consequences and replete with uncertainties. Whether a particular development proje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ans of traditional and modern media is reducing the gap between citizens and Government and Government actions are met with a higher level of scrutiny on a real-time basis. 163. In a democracy, the electors repose their faith in the elected Government which is accountable to the legislature and expect it to adopt the best possible course of action in public interest. Thus, an elected Government is the repository of public faith in matters of development. Some Section of the public/citizens may have another view point if not complete disagreement with the course of action perceived by the elected Government, but then, the dispensation of judicial review cannot be resorted to by the aggrieved/dissenting Section for vindication of their point of view until and unless it is demonstrated that the proposed action is in breach of procedure established by law or in a given case, colourable exercise of powers of the Government. Therefore, it is important for the Courts to remain alive to all the attending circumstances and not interfere merely because another option as in the perception of the aggrieved/dissenting Section of public would have been a better option. 164. As noted earlie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rved thus: 52. ... The courts have repeatedly held that the government policy can be changed with changing circumstances and only on the ground of change, such policy will not be vitiated. The Government has a discretion to adopt a different policy or alter or change its policy calculated to serve public interest and make it more effective. Choice in the balancing of the pros and cons relevant to the change in policy lies with the authority. But like any discretion exercisable by the Government or public authority, change in policy must be in conformity with Wednesbury [Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation, (1948) 1 KB 223 : (1947) 2 All ER 680 (CA)] reasonableness and free from arbitrariness, irrationality, bias and malice. (emphasis supplied) In State of Madhya Pradesh v. Narmada Bachao Andolan (2011) 7 SCC 639 (paras 36 and 37), the Court was dealing with an issue of rehabilitation of persons displaced due to the construction of the dam. It went on to observe that judicial interference in a policy matter is circumscribed, in the following words: 36. The Court cannot strike down a policy decision taken by the Government merely because it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Constitution, or opposed to any statutory provision or manifestly arbitrary. Courts cannot interfere with policy either on the ground that it is erroneous or on the ground that a better, fairer or wiser alternative is available. Legality of the policy, and not the wisdom or soundness of the policy, is the subject of judicial review (vide Asif Hameed v. State of J K [1989 Supp (2) SCC 364], Sitaram Sugar Co. Ltd. v. Union of India [ (1990) 3 SCC 223], Khoday Distilleries Ltd. v. State of Karnataka [ (1996) 10 SCC 304], BALCO Employees' Union v. Union of India [ (2002) 2 SCC 333], State of Orissa v. Gopinath Dash [ (2005) 13 SCC 495] and Akhil Bharat Goseva Sangh (3) v. State of A.P. [ (2006) 4 SCC 162)]. (emphasis supplied) 167. To sum up the above discussion, it may be noted that judicial review primarily involves a review of State action-legislative, executive, administrative and policy. The primary examination in a review of a legislative action is the existence of power with the legislature to legislate on a particular subject matter. For this purpose, we often resort to doctrines of pith and substance, harmonious construction, territorial nexus etc. Once the existen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... theory, holds the distinction of receiving diverse meanings and unlike most other concepts, the meanings are fundamentally distinct and inexplicable beyond the specific context in which they are used. The need for understanding this principle in its correct terminology gets multiplied in a country with a written Constitution. What, then, is the role of the principle of constitutionalism for a Court of law performing functions under the umbrella of a written Constitution? 169. A peculiar feature of the usage of this expression in constitutional matters is that one side tries to project it as an independent substantive rule, as opposed to it being a mere force behind the rule, and the other side brushes it down as a redundant theoretical concept. We must note that the true import of constitutionalism cannot be understood by treating it as a standalone concept of judicial application. Jurists across the world have given different meanings to this word. Whereas some have associated it with fundamental concepts of Rule of Law and judicial review as envisaged in the Constitution, others have considered it as a radical idea for transforming the Constitution over and above its true imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court of law has to gather the spirit of the Constitution from the language of the Constitution. For, one may believe or think to be the spirit of the Constitution cannot prevail if the language of the Constitution does not support that view. 172. To conclude, the principle of constitutionalism is a work in progress which is meant to infuse life and blood into an existing scheme which has stood the test of constitutional validity and not to nudge with the scheme itself. It may only be deployed to evolve minimum standards of procedures prescribed by law. It is not to undermine or supplant the elaborate statutory regulatory schemes. PARTICIPATORY DEMOCRACY IN INDIA 173. An argument has been advanced as regards the absence of sufficient public participation in the entire process. It stems from the understanding that India is a participatory democracy. Thereby citizens' participation must be provisioned at all stages of decision making. Rarely do we come across instances when the very nature of democracy in a country becomes a subject of debate in an administrative review action. It is, however, important to take this debate to a logical end, as enforceable participato ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... will have to ignore those very principles for which the noblest names in her history toiled and bled. W.H. Morris Jones, Parliament in India (Philadelphia: University of California, 1957), pg. 83 (emphasis supplied) A very significant takeaway from the aforesaid observation is that Sir Sankaran propagated what Indian freedom struggle was striving to achieve-representative institutions. The slow journey towards a democratic system then led to Indian Councils Act, 1909 For short, the 1909 Act (popularly known as Morley-Minto Reforms) whereby elections were introduced for 32 non-official members out of total 68 members and representative element was introduced. Thereafter, the Government of India Act, 1919 For short, the 1919 Act (in the aftermath of Montague-Chelmsford Reform) was introduced and this Act opened way for a representative democracy. On 20.8.1917, British Government made a declaration stating their policy. It read thus: The policy of His Majestry's Government with which the Government of India are in complete accord, is that of increasing the association of Indians in every branch of the administration and the gradual development of self-governin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the very definite conclusion that it would not be desirable, first because we want to emphasize the ministerial character of the Government that power really resided in the Ministry and in the Legislature and not in the President as such. At the same time we did not want to make the President just a mere figure-head like the French President. We did not give him any real power but we have made his position one of great authority and dignity. You will notice from this draft Constitution that he is also to be Commander-in-Chief of the Defence Forces just as the American President is. Now, therefore, if we had an election by adult franchise and yet did not give him any real powers, it might become slightly anomalous and there might be just extraordinary expense of time and energy and money without any adequate result. Personally, I am entirely agreeable to the democratic procedure but there is such a thing as too much of a democratic procedure and I greatly fear that if we have a wide scale wasting of the time, we might have no time left for doing anything else except preparing for the elections and having elections. We have got enough elections for the Constitution. We shall have el ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he individual in the actual government of the country. The greater and more effective the participation of the individual in the government, the greater is the democracy, because democracy is still only an ideal which has yet to be reached by humanity. Decentralisation would have done something in that direction, if we had provided for it in our Constitution.29 (emphasis supplied) 177. Article 40 in Part-IV was then made part of Directive Principles, which reads thus: 40. Organisation of village panchayats.--The State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. The above hope for more decentralisation and opening up of democracy was vindicated in 1992 with the introduction of 73rd and 74th amendments in the Constitution which resulted into the inclusion of local self-governance in rural and urban India. This opening up of democracy in India was a step towards enhanced participation. It was noted by this Court in Bhanumati and Ors. v. State of Uttar Pradesh and Ors. (2010) 12 SCC 1, wherein it was observed thus: 26. What was in a nebulous state ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds. On 4.11.1948, when Dr. B.R. Ambedkar placed the draft Constitution before the Assembly, he spoke in unambiguous terms thus: As to the accusation that the Draft Constitution has produced a good part of the provisions of the Government of India Act, 1935, I make no apologies. There is nothing to be ashamed of in borrowing. It involves no plagiarism. Nobody holds any patent rights in the fundamental ideas of a Constitution. What I am sorry about is that the provisions taken from the Government of India Act, 1935, relate mostly to the details of administration. I agree that administrative details should have no place in the Constitution. I wish very much that the Drafting Committee could see its way to avoid their inclusion in the Constitution. But this is to be said on the necessity which justifies their inclusion. (emphasis supplied) 179. The above discussion has vital takeaways for the purpose of the present controversy. It reveals that a direct democracy was never envisaged by our founding fathers as an ideal model in light of the domestic socio-economic set-up. Right from the days of struggle for freedom to the debates of Constituent Assembly and afterwards in indepen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on through the submission of commentary and representations: but that is neither definitive nor exhaustive of its content. The public may become 'involved' in the business of the National Assembly as much by understanding and being informed of what it is doing as by participating directly in those processes. It is plain that by imposing on Parliament the obligation to facilitate public involvement in its processes, the Constitution sets a base standard, but then leaves Parliament significant leeway in fulfilling it. ... (emphasis supplied) 182. Michael Walzer, in Philosophy and Democracy , eloquently notes how the process involved in representative decision-making attaches immense moral value to those decisions. He notes thus: For democratic theory, what makes governmental decisions morally binding is process: the people's freely choosing representatives, those representatives' debating and enacting policy and later standing for reelection, and administrators' enforcing that policy. Constitutionalism and Democracy-Constitutions, Constitutionalism, and Democracy, Walter F. Murphy, Oxford University Press, pg. 4 183. A holistic understanding of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that regard. 187. We may very well have our own notion of participation and it could be radically different from the prescribed one. It may be possible that some people feel unheard in a direct manner, however, a democracy, in an ultimate analysis, is about prevalence of collective wisdom of citizens, which may or may not commend to individual wisdom of few. The sentiment also resonated in the words of Thomas Jefferson when he wrote to John Taylor on 28.5.1816 that the mass of the citizens is the safest depository of their own rights The Works of Thomas Jefferson, Federal Edition Vol. 11 (Correspondence and Papers 1808-1816), pp. 298. 188. The citizens are completely free to advocate any notion along the Government policy or the manner of making it in their free exercise of right to speech and expression, but enforcement of such notion cannot be fructified by resorting to judicial review. The idea of public involvement in administrative matters is based upon the stage and extent of representation prescribed by the legislature. No country with a sizeable population like ours can give a promise of direct participation to every individual in the decision-making process (of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is founded upon clear and express statutory provisions mandating the National Council to facilitate public involvement. It observed thus: [75] The provisions of Sections 72(1)(a) and 118(1)(a) ( the public involvement provisions ) clearly impose a duty on the NCOP and the provincial legislatures to facilitate public involvement in their respective legislative processes. The question is what is the nature and scope of the duty comprehended by these provisions and to what extent is it justiciable. Similar position existed before the Kenyan Court of Appeal in Kiambu County24. Secondly, the judgment of the Court examines scope of public involvement in legislative processes. In the introductory para, it notes thus: ... The first question concerns the nature and the scope of the constitutional obligation of a legislative organ of the state to facilitate public involvement in its legislative processes and those of its committees and the consequences of the failure to comply with that obligation. ... The Petitioners have adopted a position that this judgment is not restricted to the express public consultation provision and in respect of legislative processes but it derives st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing and influence peddling. Participatory democracy is of special importance to those who are relatively disempowered in a country like ours where great disparities of wealth and influence exist. [116] Therefore our democracy includes as one of its basic and fundamental principles, the principle of participatory democracy. The democratic government that is contemplated is partly representative and partly participatory, is accountable, responsive and transparent and makes provision for public participation in the law-making processes. ... We must note at the very outset, Doctors for Life International 2006 (12) BCLR 1399, barring the analysis on express provision on consultation, does not operate in conflict with the views expressed by us in this judgment. It duly recognises that precise contours of participation in the matter of governance are dependent upon local conditions, in particular existence of municipal laws in that regard and the nature of subject matter. Suffice it to note that in the cited decisions referred to above, the Court was not dealing with challenge to administrative processes in relation to a development project. It is justly urged by the Respondents tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on or challenge before the courts. 27. Legislature, as an institution and a wing of the Government, is a microcosm of the bigger social community possessing qualities of a democratic institution in terms of composition, diversity and accountability. Legislature uses in-built procedures carefully designed and adopted to bring a plenitude of representations and resources as they have access to information, skills, expertise and knowledge of the people working within the institution and outside in the form of executive. Process and method of legislation and judicial adjudication are entirely distinct. Judicial adjudication involves applying Rules of interpretation and law of precedents and notwithstanding deep understanding, knowledge and wisdom of an individual judge or the bench, it cannot be equated with law making in a democratic society by legislators given their wider and broader diverse polity. The Constitution states that legislature is supreme and has a final say in matters of legislation when it reflects on alternatives and choices with inputs from different quarters, with a check in the form of democratic accountability and a further check by the courts which exercise th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enabler for meaningful participation. Granting open access to information also secures the goal of transparency to which all public institutions are wedded. In S.P. Gupta and Ors. v. President of India and Ors. AIR 1982 SC 149, this Court discussed about the common thread running through information, transparency and accountability and observed as under: 63. Now it is obvious from the Constitution that we have adopted a democratic form of Government. Where a society has chosen to accept democracy as its creedal faith, it is elementary that the citizens ought to know what their government is doing. The citizens have a right to decide by whom and by what Rules they shall be governed and they are entitled to call on those who govern on their behalf to account for their conduct. No democratic government can survive without accountability and the basic postulate of accountability is that the people should have information about the functioning of the government. It is only if people know how government is functioning that they can fulfill the role which democracy assigns to them and make democracy a really effective participatory democracy. Knowledge said James Madison, will forev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of democratic ideal. The recognition of this normative democratic ideal requires us to further expound upon the optimum levels of accountability and transparency of efficient operations of the Government. ... The Court then highlighted how open access to information is crucial for the participatory element of democracy thus: 192. Bhagwati, J. expanded on the socio-political background that must inform any approach in a democratic society wedded to the basic values enshrined in the Constitution . He drew an interconnection between democracy, transparency and accountability to hold that a basic postulate of accountability, which is fundamental to a democratic government, is that information about the Government is accessible to the people. He held that participatory democracy is premised on the availability of information about the functioning of the Government. The right to know as a pillar of a democratic State imputes positive content to democracy and ensures that democracy does not remain static but becomes a continuous process . Thus, a limitation on transparency must be supported by more than a claim to confidentiality--it must demonstrate that the public harm arising ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of India AIR 1993 SC 1267, the Court attempted to provide a meaning to the term political justice and observed thus: 96....Political justice relates to the principle of rights of the people, i.e. right to universal suffrage, right to democratic form of Government and right to participation in political affairs... (emphasis supplied) 196. The idea of political justice is not constrained to an orthodox understanding of a democratic form of Government. We are in an information age and political justice would be incomplete without informational justice which essentially requires the decision makers to consider the subjects of their decisions as rightful recipients of all information that may have an impact on their lives. Furthermore, open availability of information would also advance the objective of education and empowerment. Article 51(h) provides for the fundamental duty to develop the scientific temper, humanism and the spirit of inquiry and reform . The furtherance of spirit of inquiry and reform is largely dependent on the availability of information. It is nothing but a duty which enjoins the citizens to participate in good governance. 197. Notably, the Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Master Plan is meant to delineate various territorial zones within Delhi and the manner of land use in each zone. It also acts as a basic framework or presaging for the consequent preparation of zonal plans. Sub-section (3) is of a residuary character. It predicates that the master plan may also provide for any other matter (in addition to specified in earlier part of the same section) which is necessary for the proper development of Delhi. 201. To effectuate the master plan, the 1957 Act mandates preparation of zonal plans for each zone created under the master plan. A zonal plan for the concerned zone must contain a site plan and use plan for the development of the zone in conformity with the land use prescribed therefor in the master plan, including other particulars referred to in Sub-section (2) of Section 8, for ensuring proper development. It is a subset of the master plan. Section 8 provides thus: 8. Zonal development plans.--(1) Simultaneously with the preparation of the master plan or as soon as may be thereafter, the Authority shall proceed with the preparation of a zonal development plan for each of the zones into which Delhi may be divided. (2) A zonal d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d haphazardly in such zone or area. A notable feature of the zonal plan is that it manifests multiple micro aspects of decentralized planning depending on the type of zone. It may provide for conditions and restrictions on development as may be needed for the proper development of the zone. 202. An understanding of the relationship between master plan and zonal plan is relevant for further analysis. Whereas the master plan lays down a broad vision of development for a region, the zonal plan is meant to provide specificity to the vision expressed in the master plan for facilitating the execution of the vision in specified zones. A zonal plan is meant to further the vision of the master plan. In Master Plan, a zonal plan is defined thus: 2(2) Zonal Development Plan means a plan for one of the zones (divisions) of the National Capital Territory of Delhi containing detailed information regarding provision of social infrastructure, parks and open spaces, circulation system, etc. Chapter 16 of Master Plan titled Land Use Plan throws light on the substance of a zonal plan as: 16.1...The Zonal plans shall detail out the policies of the Master Plan 2021 and act as link betw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the plan. 204. Section 11A of the 1957 Act is the primary provision enabling modifications to plan. It falls under a separate chapter titled MODIFICATIONS TO THE MASTER PLAN AND THE ZONAL DEVELOPMENT PLAN . The same reads thus: 11A. Modifications to plan.--(1) The Authority may make any modifications to the master plan or the zonal development plan as it thinks fit, being modifications which, in its opinion, do not effect important alterations in the character of the plan and which do not relate to the extent of land-uses or the standards of population density. (2) The Central Government may make any modifications to the master plan or the zonal development plan whether such modifications are of the nature specified in Sub-section (1) or otherwise. (3) Before making any modifications to the plan, the Authority or, as the case may be, the Central Government shall publish a notice in such form and manner as may be prescribed by Rules made in this behalf inviting objections and suggestions from any person with respect to the proposed modifications before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the legislature is explicit and commends no other meaning. In other words, Sub-section (2) is widely worded and bestows expansive power upon the Central Government. It is not constricted by placing restrictions regarding not to alter the character or extent of the master plan or zonal plan specified in Sub-section (1), in case the Central Government intends to do so in public interest including for the proper development of Delhi. This literal understanding of the provision is in complete harmony with the text of Master Plan, as we shall see, which also acknowledges the need for modifications in cases of necessity based upon public interest. That, however, can be done by following procedure prescribed for carrying out such modification. Sub-section (6) of the provision is also instructive. It empowers the Central Government to decide whether the Authority has violated the three express limitations Under Sub-section (1) while effecting modifications and that decision is final. Let us understand the scheme further. 206. Section 41 of the 1957 Act provides for the control of the Central Government over the Authority and advances the view that a superior role is attributed to it u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this behalf, any change in the size of public parks and recreation grounds not exceeding ten per cent either way of the approved size. Rule 13 being supplemental to Rule 12 mandated that every amendment of the master plan by the Authority was subject to approval by the Central Government. The relevant extract thereof reads thus: 13. Approval of Central Government to Amendment of Master Plan.--(1) Amendment of the master plan shall not take effect unless approved by the Central Government. .... Indeed, Rules 12 and 13 came to be deleted [vide Delhi Development (Master Plan and Zonal Development Plan) Amendment Rules, 1966 For short, 1966 Rules ]. However, they are useful in understanding the intent of the law-making bodies as well as to ascertain the relationship between the Central Government and Authority in planning activities. A collective reading of Rules 12 and 13 signifies that the Authority is subservient to the Central Government as far as modifying the master plan is concerned. Its powers are controlled by the Central Government. At the same time, a key takeaway from a conjoint reading of the aforesaid Rules is that in the entire scheme (Act and Rules), ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asis supplied) The vision of the Master Plan, as specified in the plan, succinctly notes that blending heritage with modern patterns of development is a key feature. It reads thus; VISION 3. Vision-2021 is to make Delhi a global metropolis and a world-class city, where all the people would be engaged in productive work with a better quality of life, living in a sustainable environment. This will, amongst other things, necessitate planning and action to meet the challenge of population growth and in-migration into Delhi; provision of adequate housing, particularly for the weaker Sections of the society; addressing the problems of small enterprises, particularly in the unorganized informal sector; dealing with the issue of slums, up-gradation of old and dilapidated areas of the city; provision of adequate infrastructure services; conservation of the environment; preservation of Delhi's heritage and blending it with the new and complex modern patterns of development; and doing all this within a framework of sustainable development, public private and community participation and a spirit of ownership and a sense of belonging among its citizens. (emphasis supplied) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or Authority within their respective mandates under the 1957 Act. The idea of organic development in consonance with the evolving needs of time is explicitly reflected in the Master Plan. The basic principle behind the Master Plan is to tread the path of development in the specified manner including with a purposeful transformation perceived by the policy makers. The primary consideration before the Central Government while undertaking a modification exercise in Section 11A(2) is public interest. A pro-development enactment cannot be read in a pedantic manner, as the underlying purpose of all laws is to act in aid of the larger goal of provisioning for improving quality of life of the citizens and meaningful governance. 209. To understand further, it would be relevant to note that development and planning enactments often carve out a distinction between major and minor modifications. In Manohar Joshi (2012) 3 SCC 619, this Court analysed the provisions of Maharashtra Regional and Town Planning Act, 1966 For short, the 1966 Act and observed that a distinction exists between major and minor modifications under that Act. It observed thus: 55. There are only two methods by w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s affected by the proposed modification. (emphasis supplied) The Court then considered modifications of a substantial nature and procedure in that regard stipulated in Sections 22A and 29 of the 1966 Act and observed thus: 66. As seen from Section 22-A, it treats modifications of six types as substantial modifications. They are as follows: (a) If a plot is admeasuring more than 0.4 ha (i.e. 4000 sqm) in the Municipal Corporation area or an A class municipal area a reduction of more than 50% would be considered as a substantial modification. In B and C class municipal areas such a plot has to be of 1 ha; (b) Secondly, under Clause (b) all changes which result in the aggregate to a reduction of any public amenity by more than ten per cent of the area provided in the planning unit are considered a substantial change; (c) Where there is an actually existing site reserved for a public amenity, except for marginal area up to two hundred square metres required for essential public amenities or utility services their reduction will be a substantial modification; (d) Shifting of the allocation of use of land from zone to zone which results in increasing the area in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Authority can use land for any purpose other than the one specified therein. There is no provision in the Act under which the Development Authority can sanction construction of a building, etc. or use of land for a purpose other than the one specified in the master plan/zonal development plan. The power vested in the Development Authority to make modification in the development plan is also not unlimited. It cannot make important alterations in the character of the plan. Such modification can be made only by the State Government and that too after following the procedure prescribed Under Section 12(3). 212. Bearing in mind the underlying principles in aforementioned expositions, it may be safely held that Sub-section (1) of Section 11A of the 1957 Act contemplates minor modifications by the Authority as it prohibits changing the character of the plan. Whereas, Sub-section (2) contemplates both minor as well as substantial modifications of the plan in accordance with the procedure prescribed therefor. 213. Ordinarily, the sanctity of the plan has to be preserved whilst exercising the power of modification or else it would no longer qualify as a modification. In Black's L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Form and contents of Master Plan specifically provides that a land use plan forms part of the master plan. Since Section 11A categorically allows modifications in both these documents, it naturally signifies that such modifications can relate to land-use as well, apart from modifications in other elements of the plan. 217. It is well established by now that existence of power and exercise of power are two different things. Having found that the change in land use, in principle, is permissible, we now proceed to examine the changes effected in the present case and the procedure adopted therefor. 218. The proposal for change in land use of seven plots involved in the Project was initiated by the Deputy Land and Development Officer, MoHUA, Government of India i.e., by the Central Government. Thus, we note at the very outset that modifications in the present case are carried out Under Sub-section (2) of Section 11A of the 1957 Act and therefore, any reliance upon the stipulations of Sub-section (1) to control the power of modification is wholly misplaced and out of purview of our examination. As per the proposal, the details of plots and corresponding changes therein can be enu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NAME OF ZONE AREA (Ha.) A Old City 1159 B City Extn. (Karol Bagh) 2304 C Civil Line 3959 D New Delhi 6855 E Trans Yamuna 8797 F South Delhi-I 11958 G West Delhi-I 11865 H North West Delhi-I 5677 J South Delhi-II 15178 K K-I West Delhi-II 5782 K-II Dwarka 6408 L West Delhi-III 22840 M North West Delhi-II 5073 N North West Delhi-III 13975 O River Yamuna / River Front ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 221. Pertinently, Plot No. 8, which is a part of Zone C, is not a part of the central vista region. Furthermore, it is crucial to note that there is a marked distinction between central vista region and central vista precincts. The central vista region, wherein all seven plots except plot No. 8 fall, refers to the entire regional expanse as per the master plan. Within the central vista region, there is a listed space (for heritage purpose) referred to as Central Vista Precincts at Rajpath . The demarcation is clear and central vista precincts at Rajpath have been accorded a special status in the list of heritage buildings/precincts. Out of the subject plots involved in the project, plot No. 3 (National Museum) is the only plot which forms part of the central vista precincts. The remaining plots, despite being a part of the central vista region, are not a part of the listed heritage precincts. 222. Further, it is common knowledge that plot No. 2 admeasuring 10.5 acres (for proposed Parliament House) earlier shown as for Recreational use (District Park) is inaccessible to the public for the last 44 years (since 1976), due to logistical and security reasons. Post Parliament atta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for Public and Semi-Public Use are already being used for Government purposes and this overall pattern of use is preserved with broadly the same character. 224. Notably, the challenge to above noted S.O. dated 17.10.2017 needs to be negatived for the reasons already mentioned while testing the validity of notifications regarding change in land use, as being repetitive. In any case, the challenge to this S.O. is being raised by the Petitioners after the expiry of three years, that too after it was relied upon by the Respondents in their reply. This particular challenge must fall on the ground of laches itself. It is not the case of the Petitioners that the impugned notification was beyond access for the period of three years and they could not have assailed it at any prior stage. Merely because the notification has now come handy in favour of the responding party, the Petitioners cannot jump upon it and multiply the scope of challenge without any sound basis. Strictly speaking, it is not in consonance with the principle of good faith. In Prabhakar v. Joint Director, Sericulture Department and Anr. (2015) 15 SCC 1, the Court rightly noted thus: 38. It is now a well-recognised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7, no residential usage is being contemplated in this area and the Petitioners have not demonstrated any special circumstance which points towards the fact that standards of population density would stand immensely altered as a result of the proposed plan. We need not dilate further on this aspect. 227. Before parting with this point, we may gainfully advert to Point 8.2 titled Optimum Utilization of Government Land of Master Plan which reads thus: 8.2. OPTIMUM UTILIZATION OF GOVERNMENT LAND Government of India, Govt. of NCTD and local bodies are occupying prime land in Delhi for their offices. Most of the offices have been setup immediately after Independence. Large areas are underutilized and have completed their economic life. Due to downsizing of government employment and need for generation of resources by the ministries, optimum utilization of existing government offices/land could be achieved by the following measures: i) Intensive utilization of existing government offices/land. ii) Utilization of Surplus land by the government for residential development. iii) Utilization of 10% of total FAR for commercial uses to make the restructuring process ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ittee: DDA i. Vice Chairman-Chairman ii. Engineer Member iii. Principal Commissioner iv. Commissioner (Plg) v. Commissioner (LD) vi. Commissioner (LM) vii. Chief Architect viii. Chief Engineer (Electrical) ix. Additional Commissioners (Planning)-I, II, III MPMR x. Director (Landscape) xi. Director (Building) OTHER GOVERNMENT DEPARTMENTS i. Chief Town Planner (TCPO) ii. Chief Architect, NDMC iii. Town Planner, MCD iv. Secretary, DUAC v. Land Development Officer L DO vi. Sr. Architect, H T Nirman Bhawan vii. Dy. Commissioner of Police (T) MSO Building viii. Chief Engineer (Plg.), DESU ix. Representative of Delhi Metro Rail Corporation (DMRC) x. Representative of Fire Department xi. Director PPR The Technical Committee recommended the proposal with the following observation: After detailed deliberation, the proposal as contained in Para 4.0 of the agenda with the above modification in land use for Plot No. 1 was recommended by the Technical Committee for further processing Under Section 11A of DD Act, 1957. With the following conditions: (i) The clearances from the PMO, Heritage Conservation Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.2019. The same reads thus: DELHI DEVELOPMENT AUTHORITY (Master Plan Section) PUBLIC NOTICE New Delhi, the 21st December, 2019 S.O. 4587(E).--The following modification which the Delhi Development Authority/Central Government proposes to make to the Master Plan-2021/Zonal Development Plan of Zone 'D' (for Plot No. 1 to 7) and Zone 'C' (for Plot No. 8) Under Section 11-A of DD Act, 1957, is hereby published for public information. Any person having any objection/suggestion with respect to the proposed modification may send the objection/suggestion in writing to the Commissioner-cum-Secretary, Delhi Development Authority, 'B' Block, Vikas Sadan, New Delhi-110023 within a period of thirty (30) days from the date of this Public Notice. The person making the objection or suggestion should also give his/her name and address in addition to telephone No./contact number and e-mail ID which should be legible. Proposed Modification: S.No. Location Area (in acres) Land use as per MPD 2021/ZDP 2001 Land use Changed to Boundaries ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... North: South Block South: Dara Shikoh Road East: Part of South Block West: Rashtrapati Bhavan ZDP Zone-D-2001 Recreational (Neighbourhood Play Area) 8. Plot No.8 Located on Lucknow Road near Timarpur (Falls in Zone-C) 3.9 Land Use as per ZDP of Zone-C- 2021 Public and Semi Public Facilities Recreational (District Park) North: CGHS Dispensary South: Government Land East: Lucknow Road West: Government Land The text/Plan indicating the proposed modifications shall be available for inspection at the office of Deputy Director (MP), Delhi Development Authority, 6th Floor, Vikas Minar, I.P. Estate, New Delhi on all working days during the period referred above. The text/plan indicating the proposed modifications is also available on DDA's website i.e. www.dda.org.in. [F. No. F. 20(12) 2019/MP] D. SARKAR, Dy. Secy. (emphasis supplied) 231. The land-owning agency later submitted a revised proposal to the Authority in respect of plot No. 1 (out of the eight plots), vide communication dated 31.1.2020. Be that as it may, the iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ery public notice given under this Act shall be in writing under the signature of the secretary to the Authority . It reads thus: 44. Public notice how to be made known.--Every public notice given under this Act shall be in writing over the signature of the secretary to the Authority and shall be widely made known in the locality to be affected thereby by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum or by advertisement in local newspaper or by any two or more of these means, and by any other means that the secretary may think fit. No challenge has been set up qua any of these statutory provisions. Further, to supplement this provision, on 24.9.2012, a gazette notification was published by the Ministry of Urban Development (as it then was) whereby the Central Government directed that the power exercisable by it Under Section 11A of the said Act for the purpose of review/modification of Master Plan for Delhi, 2021 shall also be exercisable by the Vice-Chairman, Delhi Development Authority in so far as it relates to issuing public notice for inviting objections and suggestions . Furthermore, Rule 6 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice stating that- (a) the draft Master Plan has been prepared and may be inspected by any person at such time and place may be specified in those notice; (b) suggestions and objections in writing, if any, in respect of the draft master plan may be filed by any person with the secretary of the Authority within 90 days from the date of first publication of the notice. 236. The public notice was followed by receipt of 1292 objections and constitution of the BoEH for considering the said objections. The appointment of BoEH was in accordance with Rule 8 of the 1959 Rules which states thus: 8. Appointment of Board for enquiry and hearing.--(1) The Authority shall, for hearing and considering any representation, objection and suggestion to the draft master plan, appoint a Board consisting of not less than 3 and not more than 5 members of the Authority. Provided that such Board shall have powers to co-opt not more than 2 members from amongst the members of the Advisory Council. (2) No business of the Board shall be transacted at any meeting unless at least three members are present from the beginning to the end of the hearing. (emphasis supplied) 237. Intimati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g in connection with such representation, objection or suggestion to the draft master plan, a notice intimating the time, date and place of the hearing. Provided that the Board may disallow personal hearing to any person, if it is of the opinion that the objection or suggestion made by such person in inconsequential, trivial or irrelevant. (emphasis supplied) After the hearing, the recommendations of BoEH were submitted to the Authority in accordance with Rule 10 which reads thus: 10. Report of Enquiry.--The Board shall after the conclusion of its enquiry, submit to the Authority a report of its recommendations. The BoEH took note of all the suggestions/objections of the concerned representationist and after interacting with those in attendance (42 objectors), made its recommendations as follows: i. Regarding proposal of change of land use of Plot No. 1, it is recommended that the revised proposal for change of land use must be taken afresh Under Section 11-A of DD Act, 1957. ii. Among the Respondents, majority of whom are Planners/Architects, there appears to be a feeling that authentic technical information on this iconic project of Central Vista is not avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 and 8. F.20(12) 2019/MP a) The proposal was presented by Joint Secretary (L E), MoHUA, In-charge of Central Vista Development/Redevelopment Project, who was present as Special Invitee. She apprised the details of the Project to the members of the Authority. b) JS, MoHUA informed that during the planning of Capital City-New Delhi, the architects and urban designers-Edward Lutyens and Herbert Baker had prepared an urban design plan for entire New Delhi in such a way that all the important Government offices would come along the Central Vista (Rajpath). However, by the year 1931, when Delhi officially became capital of India, only five (05) buildings were constructed namely, Rashtrapati Bhawan, Sansad Bhawan, North and South Blocks and first building of the National Archives. She assured that the heritage buildings in the Central Vista shall be conserved. c) She further informed that for this Project, the following measures are being taken up: i. No trees shall be cut during the implementation of the project. However, some trees may be transplanted for which techniques are available. ii. Total tree cover shall increase with new plantation. iii. 100% C D was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nearly 27 acres is proposed to be converted into National Museums showcasing India prior to and after 1857. Nearly 25 acres of land on the Western Bank of River Yamuna is proposed to be developed as New India Garden with an iconic structure to commemorate 75 years of India's independence. ii. The project also proposes to develop/re-develop the Central Vista with proper public utilities, green spaces, water bodies, landscaping etc. whose total area will be more than the existing area as 5.6 acres from the existing buildings will be added to the greenspace. Further, plot No. 8 located at Timarpur in Planning Zone-having an area of 3.9 acres is also being added to green spaces of Delhi. iii. The area of over 90 acres currently under Hutments will be properly planned and developed into organized urban spaces. iv. All necessary approvals for buildings and the facilities will be taken from the competent authorities as and when required. f) Vice Chairman, DDA apprised that a notification number SO 3348 (E) has been issued by the Government of India on 17/10/2017, whereby as per Master Plan for Delhi (MPD)-2021, 'Central Government Offices' are permitted use premi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Central Government proposed to make in the Master Plan for Delhi-2021/Zonal Development Plan of Zone-D (for Plot No. 02 to 07) and Zone-C (for Plot No. 08) regarding the area mentioned here under were published in the Gazette of India, Extraordinary, as Public Notice vide No. S.O. 4587(E) dated 21.12.2019 by the Delhi Development Authority in accordance with the provisions of Section 44 of the Delhi Development Act, 1957 (61 of 1957) inviting objections/suggestions as required by Sub-section (3) of Section 11-A of the said Act, within thirty days from the date of the said notice; 2. Whereas, 1,292 objections/suggestions received with regard to the proposed modifications have been considered by the Board of Enquiry and Hearing, set up by the Delhi Development Authority and the proposed modifications were recommended in the meeting of Delhi Development Authority held on 10.02.2020. 3. Whereas, the Central Government have after carefully considering all aspects of the matter, have decided to modify the Master Plan for Delhi-2021/Zonal Development Plan of Zone-D Zone-C; 4. Now, therefore, in exercise of the powers conferred Under Sub-section (2) of Section 11-A of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on North of Dalhausi Road near South Block 15 MPD-2021 Government office Residential North: South Block South: Dara Shikoh Road East: Part of South Block West: Rashtrapati Bhavan ZDP Zone-D-2001 Recreational (Neighborhood Play Area) 7. Plot No.8 Located on Lucknow Road near Timarpur 3.9 Public and Semi Public Facilities Recreational (District Park) North: CGHS Dispensary South: Government Land East: Lucknow Road West: Government Land [F. No. K-13011/6/2019-DD-I] VIRENDRA KUMAR KUSHWAHA, Under Secy. (emphasis supplied) On bare perusal of this notification, it is evinced that the final decision is taken by the Central Government and it is so notified in exercise of its powers Under Sub-section (2) of Section 11A of the 1957 Act. Being a case of minor modification and as we have held, it does not alter the character of the plan in question including it does not relate to the extent of the land-uses or the standards of population density. The Authority itself could have given e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent including Under Sub-section (2) of Section 11A of the 1957 Act. By no standards, it can be labelled as having been taken in violation thereof or failure of the authorities to follow the prescribed procedure Under Section 11A of the Act. There is substantial compliance of the prescribed procedure and the final decision is the consequence or outcome of involvement of all the planning authorities referred to under the 1957 Act. These steps taken by the State authorities and the Central Government in collaboration and after due consideration of all the objections cannot be undermined much less labelled as an illegality. It is not a case of exercise of power by an Authority not competent to do so. At best, it can be said that because of the nature of the project of national importance, a guarded procedure had been adopted by the Authorities concerned albeit within the framework of Section 11A of the Act. Suffice it to observe that the final decision of the Central Government as manifested in the notification dated 20.3.2020 clinchingly points towards substantial compliance of the procedure prescribed for effecting such modifications under the 1957 Act and the 1959 Rules framed there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wo is clear. Strictly speaking, Chapter III does not apply to procedure for modification of plans Under Section 11A. In the absence of Chapter III, only Section 11A would determine the procedure for modification of master plan and the procedure Under Section 11A is less cumbersome and merely envisages publication of notice and inviting objections for being considered before taking a final decision. It does not prescribe personal hearing to the objectors as such, much less by the Authority or the Central Government, as the case may be. Whereas, even Rule 9 provisions for hearing before BoEH only. Despite this clear position of law, the Respondents followed the extensive procedure analogous to under Chapter III of the 1959 Rules even for the subject modifications. It was certainly not a case of preparation of new master plan or a draft master plan. The compliance with building byelaws shall be dealt later. 243. Notably, on 7.4.2015, a letter captioned as DDA's proposal for amendment to MPD-2021 and change of land use cases-reg. was addressed by MoHUA to Vice Chairman, DDA requiring the Authority to provide separate information on a set of parameters while sending any proposa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umar) Under Secretary (DD-I) It is not the case of the Petitioners that the proposal submitted by the project proponent was not in accord with the stated requirements. 244. The procedure followed by the Respondents in the present case for change in land use can be delineated in the following chart furnished by the Respondents: PROCEDURE FOLLOWED FOR CHANGE IN LAND USE S. NO. REQUIREMENT RELEVANT PROVISION DATE 1. Proposal by L DO, Ministry of Housing Urban Affairs, Government of India Section 11A, DD Act, 1957 04.12.2019 2. Meeting and consideration of proposal by Technical Committee of DDA Section 5A, DD Act, 1957 05.12.2019 3. DDA meeting chaired by Lt. Governor, Delhi Section 5, DD Act, 1957 11.12.2019 4. Inviting public objections and suggestions by DDA Section 11A, DD Act, 1957 21.12.2019 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he form of written suggestions/objections. The Petitioners have stated that personal/public hearing is usually given in such cases. 247. We wonder whether such a requirement can be read in this provision by way of necessary implication. The test of necessary implication usually comes into the picture when there is a danger that failure to so infer would necessarily render the provision otiose. It is not a tool used to substitute an opinion out of convenience or out of an uncontrolled exercise of the power of the judicial pen, rather, it is used to preserve an enactment from reaching an unconscionable conclusion. In Superintendent and Remembrancer of Legal Affairs, West Bengal v. Corporation of Calcutta AIR 1967 SC 997, a nine-Judge bench of this Court examined the usage of the interpretative tool of necessary implication and observed thus: (51)... In Sri Venkata Seetaramanjaneya Rice and Oil Mills and Ors. v. State of Andhra Pradesh, [1964] 7 SCR 456 this Court held that an inference of necessary implication binding the State may be drawn if the conclusion that the State is not bound by the specific provision of a given statute would hamper the working of the statute, or wou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tivity, and no implications of natural justice can be read into it unless it is a statutory condition to afford personal hearing. 251. A priori, we are of the view that no uniform formula can be evolved by the Court on its own in matters like these where larger aspects of town planning and infrastructure are involved, and concerns of geography, economy, social conditions, time-frame etc. pose variable challenges across the national spectrum. It is precisely in the same spirit that even in the process of preparation of new master plan, the proviso to Rule 9 of the 1959 Rules empowers the BoEH to deny personal hearing to any person if it is considered to be irrelevant or trivial in light of the objection raised by that person. It reads thus: 9. Enquiry and hearing- ... ... Provided that the Board may disallow personal hearing to any person, if it is of the opinion that the objection or suggestion made by such person in inconsequential, trivial or irrelevant. 252. An argument has been advanced by the Petitioners that Rules 8 and 9 of Chapter III of the 1959 Rules, which provide for appointment of BoEH and personal hearing are part of the mandatory procedure of modifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consideration. While preparing the new master plan, the expression used is extensive modifications , whereas while notifying the present changes (which we have held as minor in nature and not substantive or radical changes to the master plan or for that matter to the zonal plan), the expression used is simpliciter modification . The usage of the word extensive signifies that despite being modification, the preparation of new master plan proposes extensive changes as it is meant to replace the previous plan once and for all. Accordingly, the scrutiny is higher and is placed in a separate chapter. The same cannot be said about a modification Under Section 11A unless it is shown to be substantial or radical which is not the case here. 256. A case of replacement of the original plan with a new one and that of modification in an existing plan cannot be placed on the same footing. This carefully crafted scheme cannot be turned on its head by accepting the submission under consideration. 257. The counsel for the Petitioner, owing to inadvertence or lack of research, had built up his case by placing reliance on the deleted Rules 12 and 13 of the unamended 1959 Rules to support t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al communication was sent to all the objectors. Out of 1292 objectors, 1171 successfully received the emails, 62 emails bounced back due to technical errors and 59 objectors had not provided their email addresses. Additionally, 92 objectors were informed about the scheduled hearing via SMS. Across the span of two days of hearing, 42 objectors were heard including some of the Petitioners before this Court. The minutes of the meeting of the Board dated 7.2.2020 succinctly noted the stand of the applicants/objectors in 13 points. Even before us, identical points were repeated by most of the objectors in a stereotype manner, and it has been conceded by the Petitioners herein that their grievances were also a part of these 13 points. No other grievance was pointed out to us which was not taken on record and adverted to during the personal/public hearing. Thus, the absence of Petitioners or similarly placed persons during public hearing for whatever reasons mentioned, would be of no consequence. Therefore, the contention that short notice led to denial of fairness or opportunity cannot be accepted. It is no doubt a settled proposition that wherever public consultation is prescribed, it m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... non-observance had prejudicially affected the applicant. In Canara Bank (2005) 6 SCC 321 (paras 6 to 9 and 18), this Court highlighted the fundamental premise of natural justice and observed thus: 9. The expressions natural justice and legal justice do not present a water-tight classification. It is the substance of justice which is to be secured by both, and whenever legal justice fails to achieve this solemn purpose, natural justice is called in aid of legal justice. Natural justice relieves legal justice from unnecessary technicality, grammatical pedantry or logical prevarication. It supplies the omissions of a formulated law. As Lord Buckmaster said, no form or procedure should ever be permitted to exclude the presentation of a litigants' defence. Reference could also be had to State Bank of Patiala and Ors. v. S.K. Sharma (1996) 3 SCC 364 wherein this Court had noted thus: 32.... Justice means justice between both the parties. The interests of justice equally demand that the guilty should be punished and that technicalities and irregularities which do not occasion failure of justice are not allowed to defeat the ends of justice. Principles of natural justic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enial of natural justice. For, the prescribed procedure, both by statute and convention, seems to have substantially been followed. In fact, in circumstances when challenge is raised to a project of immense national importance which is not limited to any particular city or state or intended to give benefit to any private individual, impediments cannot be induced by reading in requirements which are not mandated by law. The principle of Rule of Law requires Rule in accordance with the law as it is, and not in accordance with an individual's subjective understanding of law. Substantial justice is the core of any such inquiry and it is in this direction that processes are to be understood and adjudicated upon. The Court needs to be conscious of all aspects in a non-adversarial public interest litigation where public interest is the sole premise of enquiry. QUASI-LEGISLATIVE FUNCTION 266. Learned Solicitor General has also commended us that the nature of power exercised in the present case falls in the realm of legislative or quasi-legislative exercise and not an administrative exercise of power per se and therefore, the standards of natural justice and judicial review ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g and issue of a specific direction or the application of a general Rule to a particular case in accordance with the requirements of policy . Legislation is the process of formulating a general Rule of conduct without reference to particular cases and usually operating in future; administration is the process of performing particular acts, of issuing particular orders or of making decisions which apply general Rules to particular cases. It has also been said: Rule-making is normally directed toward the formulation of requirements having a general application to all members of a broadly identifiable class while, an adjudication, on the other hand, applies to specific individuals or situations . ... (emphasis supplied) The Court further observed the uncertainty of such distinction and observed: ...But, this is only a bread distinction, not necessarily always true. Administration and administrative adjudication may also be of general application and there may be legislation of particular application only. That is not ruled out. ... (emphasis supplied) 268. In Lachmi Narain and Ors. v. Union of India and Ors. (1976) 2 SCC 953, when called upon to adjudge whether a cer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0. However, the same cannot be accepted as a general proposition in all cases. The demarcation of an executive function as legislative/quasi legislative or administrative has a direct bearing on the aspect of public participation in the decision- making process and thus, the classification becomes imminent in certain cases. It is settled law that public participation is permissible to the limited extent of what is provided in the statute in case of a legislative exercise of power. As regards Tulsipur Sugar (1980) 2 SCC 295 (para 3, 5, 7 and 8), the relevant provision (Section 3) dealt with fresh declaration of areas or for defining limits of areas. Such functions undoubtedly have a general character. Similarly, in Sundarjas Kanyalal Bhatija (1989) 3 SCC 396 (para 2, 3, 5, 7, 15, 27 and 28), no standards of procedure to be followed during the decision-making process were prescribed, contrary to the present case where inviting objections/suggestions and consideration thereof is a statutory requirement. 271. The reliance on Pune Municipal Corporation (2004) 10 SCC 796 (paras 2 to 5) may not assist us in the present enquiry as in that case, the function performed was of amending the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ature of activity being performed here is of town planning and change in land use of one or couple of plots in a given zone. It is a modification which will provide direction to all future development of the subject plots. We have noted that there is a distinction between modifying the use of land in a given zone and demarcating fresh boundaries for various zones of land. The change of usage of Government land is of a general nature. It is certainly not a purely routine administrative work. That means that the function of change in land use has a quasi-legislative hue to it. POST CHANGE IN LAND USE DECISION 274. The Project had two independent components-expansion/renovation of Parliament and common Central Secretariat with separate timelines for each of them as per the nuanced policy decision at the appropriate level. The project proponent thus had initiated the process of seeking approval of CVC regarding the former. Accordingly, only the component of expansion/renovation of Parliament is a part of this lis. Thus, no other aspect of the Central Secretariat project and the remaining project arises for our consideration. 275. We may now advert to the challenge against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vernment at that time as an advisory body to advice the Government on matters sent for its consideration. It was not created by an Act of Parliament. This distinction is crucial in understanding the character of the body. Had it been a statutory body, its functioning and mandate would have been governed by the legislation and any deviation therefrom would have been a case of illegality. However, this cannot be the case when the body is an outcome of an executive order. Executive orders, in the absence of a statutory backing, are passed by the government for improving day to day governance. If the government, in its wisdom, felt the need to constitute a body for advising it on certain matters as and when they are submitted for its consideration, the Court cannot elevate its status to a platform where it becomes an impediment in the functioning of the government itself. The constitution of CVC was a purely internal matter of the government and a government can choose to incorporate as many steps in the process of decision making as it deems fit. The responsibility of the Court would be to check the status of the body and see whether it has failed to exercise its mandate or has transg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was supplied with architectural drawings and documents in respect of the project before the date of this communication. It reads thus: The architectural drawings and documents in respect of Parliament Building have already been submitted to your good office for accord of local body approval. The communication further notes that the selected consultant M/s. HCP Designs was also asked to place before the Committee hard and soft copies of presentation, relevant drawings, brief project report and 3D views of the proposal. It reads thus: This office is asking the consultants M/s. HCP Design to provide the hard and soft copy of presentation and the relevant drawings including brief report of the project and 3-D views of the proposal in this regard by Monday 13.04.2020. Soft copy of the same shall be shared with you at your office email id [email protected] accordingly, The communication further requested the Chief Architect to invite Senior Architect, CPWD as a special invitee for the CVC meeting wherein the subject proposal was to be considered. It notes thus: It is kindly requested to invite Shri Vijay Prakash Rao, Senior Architect, CPWD, Senior Architect (DR), CPWD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne of argument was adopted to challenge the absence of some members and representation of some members through their delegates. The delegates were none else but authorised officials of the same department as that of the designated members. Upon further examination, we find that even in CVC meeting dated 18.10.2018 for Construction of Reception Building for Rashtrapati Bhawan near Gate No. 37, President Estate, New Delhi and dated 12.3.2018 for Construction of National War Museum, New Delhi , various authorised officials participated in a representative capacity which reinforces the Respondents' submission that this method of participation is a part of ordinary course of business in functioning of Government bodies. 284. The Petitioners have gone to the extent of saying that ADG (Works), Chairman of CVC, not being an architect by profession, was not competent to chair this Committee. We must note that it is one thing to allege an illegality in a process, but it is another to question the professional competency of the office holder who is occupying such position owing to his designation (ex-officio) and not in his personal capacity or by virtue of his qualifications. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h a scenario, it is inconceivable to say that the members were deliberately kept out of the meeting. None of the members was required to go out for the meeting and the arrangements in place were sufficient for them to register their presence in the meeting and participate in the decision-making. If they failed to join the meeting for reasons best known to them, the outcome of the meeting cannot be assailed by alleging motives. Further, the minutes of meeting were mailed to all the members on 30.4.2020 and even then, no word of discord or dissatisfaction was received from any of these members. It must follow that their absence cannot be equated to an irregularity, much less an illegality. The Committee was not expected to sit over the proposal merely because some members were unwilling to join virtually despite all arrangements being in place. Indisputably, none of the absent members is before us in this case and we have no occasion whatsoever to consider them as being aggrieved in any manner, for no grievance at their instance has come on record. 287. We may broadly revisit the procedure followed by CVC in reference to proposal for expansion and renovation of Parliament Building ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ady placed before the members of the Committee, it does not follow that the members did not discharge their duty properly. Indisputably, the relevant documents were placed before all the members at least a week before the Committee meeting and understandably, a week's time was granted to all the members for examining the documents. In such circumstances, it cannot be assumed that the documents and presentations escaped the minds of the Committee members until and unless a demonstrable infirmity is shown. 289. It is noticed that the argument of non-application of mind has been invoked by the Petitioners, irrespective of the nature of body whose decision has come to be assailed. The requirement of due application of mind is one of the shades of jurisprudential doctrine that justice should not only be done but seen to be done. It requires a decision-making body, judicial or quasi-judicial, to abide by certain basic tenets of natural justice, including but not limited to the grant of hearing to the affected persons. Rules of natural justice are not embodied rules. They are means to an end and not end in themselves. The goal of these principles is to prevent prejudice. It is from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerned must be afforded opportunity of hearing before the order is passed. But principles of natural justice do not require the administrative authority to record reasons for its decision as there is no general Rule that reasons must be given for administrative decision. Order of an administrative authority which has no statutory or implied duty to state reasons or the grounds of its decision is not rendered illegal merely on account of absence of reasons. It has never been a principle of natural justice that reasons should be given for decisions. See: Regina v. Gaming Board for Great Britain, ex p. Benaim and Khaida, (1990) 2 QB 417 at 431.... (emphasis supplied) 291. It is settled that in cases where individual rights are affected by the decision, an opportunity of being heard and application of mind couched in the form of reasons form part of the jurisprudential doctrine. Such cases need to be distinguished from cases which do not impinge upon individual rights and involve ordinary administrative processes. For, similar standards cannot be deployed to decide both these cases. When Petitioners allege illegality on a ground such as absence of reasons in a pure administrativ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns, the order of the administrative authority is not rendered illegal for absence of reasons. If any challenge is made to the validity of an order on the ground of it being arbitrary or mala fide, it is always open to the authority concerned to place reasons before the court which may have persuaded it to pass the orders. ... (emphasis supplied) 293. Had it been a case of any other administrative committee required to adjudicate upon the rights of individuals, merely because it is not mandatory to record reasons would not absolve it of the requirement of objective consideration of the proposal. The ultimate enquiry is of application of mind and a reasoned order is merely one element in this enquiry. In a given case, the Court can still advert to other elements of the decision-making process to weigh the factum of application of mind. The test to be applied in such a case would be of a reasonable link between the material placed before the decision-making body and the conclusion reached in consideration thereof. The Court may decide in the context of overall circumstances of the case and a sole element (of no reasons or lack of elaborate reasons) cannot be enough to make or br ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision of the Government is administrative, in law, ordinarily there is no requirement to be accompanied by a statement of reasons unless there is an express statutory requirement in that regard. Again, in Sarat Kumar Dash 1995 Supp (1) SCC 434 (para 11), the Court observed that in the field of administrative action, the reasons are link between maker of the order or the author of the decision and the order itself. The record can be called to consider whether the author had given due consideration to the facts placed before him before he arrives at the decision. 295. Therefore, the requirement of reasons in cases which do not demand it in an express manner is based on desirability and the same is advised to the extent possible without impinging upon the character of the decision-making body and needs of administrative efficiency. LEGITIMATE EXPECTATION 296. The Petitioners would contend that CVC performs functions akin to statutory bodies and has acted in contravention of legitimate expectations of public. It has been rightly pointed out to us that Zonal Plan for Zone D and tender conditions require consultation with CVC as an essential step. However, it is not the Peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gitimate, that is, reasonable, logical and valid. Any expectation which is based on sporadic or casual or random acts, or which is unreasonable, illogical or invalid cannot be a legitimate expectation. Not being a right, it is not enforceable as such. It is a concept fashioned by the courts, for judicial review of administrative action. It is procedural in character based on the requirement of a higher degree of fairness in administrative action, as a consequence of the promise made, or practice established. In short, a person can be said to have a legitimate expectation of a particular treatment, if any representation or promise is made by an authority, either expressly or impliedly, or if the regular and consistent past practice of the authority gives room for such expectation in the normal course. As a ground for relief, the efficacy of the doctrine is rather weak as its slot is just above fairness in action but far below promissory estoppel . It may only entitle an expectant: (a) to an opportunity to show cause before the expectation is dashed; or (b) to an explanation as to the cause for denial. In appropriate cases, the courts may grant a direction requiring the authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt would be an exercise in futility. DUAC APPROVAL STAGE FOR STATUTORY APPROVAL BY DUAC 299. The proposal for DUAC approval pertained only to the New Parliament Building, Plot No. 118, N.A., New Raisina Road, New Delhi. It was not for the entire Central Vista Project as such. Thus, what is under consideration is the validity of DUAC approval for the Parliament project and not the remaining central secretariat project. In light of the submissions detailed above, the following questions emerge for our consideration in this part: (i) Whether the approval of DUAC was essential even before the release of Consultation Services NIT? (ii) Whether DUAC acted in an arbitrary manner while considering the proposal thereby vitiating the approval granted by it? 300. DUAC has been constituted as a statutory body under the DUAC Act for the purpose of maintaining the aesthetic quality of urban design. The Preamble to the DUAC Act reads thus: An Act to provide for the establishment of the Delhi Urban Art Commission with a view to preserving, developing and maintaining the aesthetic quality of urban and environmental design within Delhi. In Objectives, Jurisdiction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Central Government may, by notification in the Official Gazette, specify; (e) conservation, preservation and beautification of monumental buildings, public parks and public gardens including location or installation of statues or fountains therein; (f) under passes, over-passes and Regulations of street furniture and hoardings; (g) location and plans of power houses, water towers, television and other communication towers and other allied structures; (h) any other projects or lay-out which is calculated to beautify Delhi or to add to its cultural vitality or to enhance the quality of the surroundings thereof; (i) such other matters as may be prescribed by rules. Explanation.--For the purposes of this Sub-section,-- (i) civic centre means the headquarters of a local body comprising therein its office buildings and buildings intended for cultural activities; (ii) Connaught Place Complex means the area comprising Connaught Place and its extension measuring approximately 140 hectares, being the area described as Zone D-I (Revised) in the Delhi Master Plan; (iii) district centre means a self-contained unit created in the Delhi Master Plan comprising ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Central Government from calling for and examining, on its own motion, if it considers it necessary so to do in the public interest, any case in which a decision has been made by the Commission Under Section 12 but no appeal lies thereto, and passing such order thereon as it thinks fit: Provided that no such order shall be made prejudicially affecting any person except after giving him an opportunity of making a representation in the matter. 303. The aforesaid scheme of the DUAC Act succinctly reveals that the mandate of DUAC is to offer its advice in matters of preservation, development, re-development and maintenance of aesthetic quality of urban and environmental design within Delhi. Such advice is not rendered in context of each and every aspect of the proposal, rather, it only ensures that overall aesthetic quality of the concerned region is not being disturbed. Over and above the concern of aesthetics, there is no other aspect on which the Commission's (DUAC's) approval is mandated. It is also noteworthy that the Act draws a clear distinction between local bodies and Central Government insofar as the binding value of the advice of Commission (DUAC) is concerne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he design and shape of the proposed project is ready being site specific. For, without a design before it, the Commission (DUAC) would be incapable of comprehending the compliance of a design with aesthetics of the region. 306. We recall and note that at the stage of tender for consultation services, the prospective bidders were called upon to submit their vision of the proposed project which goes on to show that no final design was in existence at that point of time. It was only after the consultant was selected that the design was finalised and the role of DUAC would not emerge before this crucial step. ARBITRARINESS IN GRANT OF APPROVAL 307. We may now deal with the argument regarding arbitrariness of DUAC in granting approval. In order to understand whether the DUAC acted in fulfilment of its mandate, we deem it necessary to analyse the Minutes of the meetings of DUAC. Initially, when the proposal was placed before DUAC for its consideration, a detailed presentation was made before it by the consultant wherein various features of the project were delineated. The minutes dated 5.6.2020 note thus: 2. The proposal was scrutinised by the Commission. The architect al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lights and sustainability features in accordance with the provisions of green buildings in Delhi. It, then, recorded its decision as Not Approved and returned the proposal. 309. The project proponent, thereafter, submitted a revised proposal which was considered by the DUAC in its 1545th meeting on 1.7.2020, to which approval was granted after a detailed discussion and scrutiny, as recorded in the Minutes thus: 3. Now, the revised building plan proposal received (online) with incorporation of observations of the Commission was scrutinized, and after a detailed discussion with the architect/project proponent... The Minutes reveal that even in this round of consideration, the DUAC was not peripheral in its scrutiny and again recorded certain observations relating to parking requirements and environmental concerns. In point (a), it is noted that: a. The parking requirements for the plot are proposed to be distributed in several plots scattered around the complex. To ensure smooth accessibility and to address environmental concerns, it was suggested that the local body shall explore the possibility of Multi-Level Car Parking (MLCP) after identifying a plot of appropriate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of any material to consider the proposal or failing to exercise the mandate or leaving out relevant considerations or mala fide consideration of the proposal. At the very least, the case must reveal a situation of non-application of mind based upon the circumstances of the case or the Minutes of the meeting. The present case does not involve any such situation. The Minutes reveal a thorough and reasonable consideration by DUAC of all relevant aspects and we are in no position to consider it a case of non-application of mind much less arbitrary. Suffice it to observe that the allegation of arbitrariness is easy to raise in a theoretical discourse, but hard to establish in a Court of law where unsubstantiated considerations have no place. 312. As per Conduct of Business Regulations, 1976, the Minutes of the meeting were ratified and confirmed in the next meeting of the Commission and no member has expressed any reservation regarding any aspect of the advice tendered by DUAC. The Petitioners' challenge on this count, therefore, fails. CHALLENGE TO CHANGE IN LAND USE IN REFERENCE TO HERITAGE CONSERVATION 313. The concern relating to disregard for heritage conservati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nges that can be made in respect of heritage buildings/precincts: (i) physical changes through development work on heritage sites (Clause 1.3); (ii) change of ownership of heritage sites (Clause 1.12); (iii) change of use of land on which heritage sites are situated (Clause 1.12). In the present challenge, we are concerned with points (i) and (iii) i.e., examination of permissibility of change in land use and physical changes during development as per 2016 Byelaws. We may proceed in that order. 316. But before that, be it noted that the principles of conservation or preservation of heritage buildings/precincts are restricted only to those buildings/precincts which have been listed as heritage buildings/precincts in the official notification. The same gets corroborated by the affidavit of Mrs. Ruby Kaushal, Member Secretary to the HCC where she states that the jurisdiction of the HCC is limited to the listed heritage buildings/precincts and that the entire Lutyen's Bungalow Zone (LBZ) is not a heritage zone. The submission is that only listed buildings/precincts are subject to heritage conservation norms. Clause 1.1 of the Byelaws categorically state that: 1.1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 141 HERITAGE BUILDINGS IN NDMC AREA FOR NOTIFICATION GRADE-I Sr. No. Name of Building/Precincts Location 1 2 3 1. Safdaijung's Tomb West of Crossing of Aurobindo Marg and Lodhi Road 2. Jantar-Mantar Parliament Street 3. India Gate LBZ, Central Vista 4. India Gate Canopy LBZ, Central Vista 5. Building within the President Estate President Estate 6. Jaipur Column Infront of Rashtrapati Bhawan 7. North Block and South Biock - LBZ, Central Vista 8. Parliament House and Campus LBZ, Central Vista 9. Central Vista Precincts LBZ, Central Vista at Rajpath 10. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gandhi sadan smriti Tees January Marg 37. Mir Taqi s Tomb Delhi Golf Course, Opp. Kaka Nagar 38. Vaulted Tomb Delhi Golf Course, Opp. Kaka Nagar 39. Teen Murti Statues Opp. Jawahar Lal Memorial, Teen Murti Marg 40. Mosque South of Central Visita in the green area adjoining Rajpath 41. Mosque Kaka Nagar 42. Teen Murti House- Teen. Murti Marg 43. Free Church and Campus Parliament Street 44. Sacred Heart Cathedral Ashoka Place 45. Darya Khan Lohanfs Tomb East Kidwai Nagar 46. Boh Bhatyari Ka Mahal Link Road 47. Bistadan Mahal Southern Ridge, Sardar Patel Marg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Delhi Golf Club 20. Tomb and Campus East of Hotel Oberoi 21. Mosque and Campus R.K Ashram Road 22. Mosque and Campus Race Course 23. Gate Way and Campus Dargali of Shahi Mardan, B.K Dutt Colony 24. Travancore House and Campus KG. Marg 25. Kashmir House and Campus Rajaji Marg 26. Lady Hardinge Medical College and Campus Shaheed Bhagat Singh Marg 27. Kerala House and Campus Jantar-Mantar Road 28. Bahawaipur House and Campus SikandaraRoad 29. Faridkot House and Campus Copernicus Marg 30. National Stadium and Campus LBZ Central Vista 31. Indira Gandhi Mem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tehri-Garhwal House and Campus 5, Bhagwan Dass Road 56. Embassy of Nepal and Campus Barahkhamba Road 57. Lady Irwin College and Campus SikandraRoad 58. Lady Irwin Sr. S. School and Campus Canning Road 59. Hungarian Cultural Centre and Campus Janpath Tees January Marg 60. Sujan Singh Park and Campus Subramanya Bharti Marg 61. St. Thomas School Mandir Marg 62. Majlis Khana and Campus B.K Dutt Colony 63. Bibi Ka Rauza and Campus B.K Dutt Colony 64. Bara Jain. Mandir and Campus Jain Mandir Road 65. Lai Masjid Dargah Shahi Mardan, B.K. Dutt Colony 66. Gateway Dargali Shahi Mardan. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ANNEXURE-B Deleted List of 2 Heritage Buildings in NDMC Area Grade-II Sr. No. Name of Building Precincts Location 1. Mmto Bridge Mmto Road (This structure falls under the physical jurisdictions of MCD and should be referred to them for further action. GRADE-III Sr. No. Name of Building/Precincts Location 2. Patani House 5, Man Singh R.oad ANNEXURE-C LIST OF 4 HERITAGE BUILDINGS IN NDMC AREA BEING STUDIED/RECONSIDERED GRADE-I Sr. No. Name of Building Precincts Location 1. Archeological Survey of India Office building adjacent to National Museum at Janpath Janpath Maulana Azad Road Crossing GRADE-II Sr. No. Name of Building Precincts Location 2. Vice-Presi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncts as such. Therefore, it follows that the entire central vista area has not been declared as a heritage precinct and only the central vista precinct at Rajpath is declared as such. Inasmuch as, all other heritage structures/precincts in the central vista area have been listed separately in the list of heritage buildings/precincts. In other words, if the entire central vista area was to be listed as heritage precinct, the requirement of listing its components separately would not have arisen. Further, it is a matter of record that the aforesaid precinct at Rajpath is not a part of the proposed comprehensive development project, as no changes thereto have been proposed as of now. 320. It is relevant to note that the appropriate authority while enlisting the heritage buildings/precincts/natural feature areas was conscious about the difference between building and precincts, as is evident from the published list. Our discussion on the expression heritage buildings also clarifies the position. The list separately includes multiple buildings/sites or precincts within the central vista area. For instance, other structures/buildings within central vista area i.e., India Gate, India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... listing of 141 heritage sites/buildings. We would, therefore, rely upon the official documents and the affidavit of the officials of the competent authority, as aforesaid. 322. As per the coded plan, the land use of plot Nos. 3 and 4 is being changed from Public and Semi-Public Facilities to Government Office and Recreational (District Park). Our enquiry is focussed on whether the said change is permissible in law. 323. On change in land use, Clause 1.12 is the guiding provision for the present enquiry which categorically states that listing does not ipso facto prohibit change of ownership or usage. However, it adds a caveat by stating that the change in land use of such listed heritage buildings/precincts is not permissible without a prior approval of the HCC. It reads: 1.12. Grading of the Listed Buildings/Listed Precincts:...Listing does not prevent change of ownership or usage. However, change of use of such Listed Heritage Building/Listed Precincts is not permitted without the prior approval of the Heritage Conservation Committee. Use should be in harmony with the said listed heritage site.... (emphasis supplied) Therefore, it is urged that for the aforesaid t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs/sites and that stage is yet to arrive, including in respect of construction on plot No. 118 likely to be affected by the expression Heritage building Heritage building means and includes any building of one or more premises or any part thereof and/or structure and/or artifact which requires conservation and/or preservation for historical and/or environmental and/or architectural and/or artisanry and/or aesthetic and/or cultural and/or environmental and/or ecological purpose and includes such portion of land adjoining such building or part thereof as may be required for fencing or covering or in any manner preserving the historical and/or architectural and/or aesthetic and/or cultural value of such building. to include such portion of land adjoining heritage building (existing Parliament building on plot No. 116) or part thereof as may be required for fencing or covering or in any manner preserving the historic and/or architectural and/or cultural value of such existing heritage building. SCOPE OF DEVELOPMENT ON HERITAGE SITES (PRIOR APPROVAL vis- -vis PRIOR PERMISSION) 326. The scope of restrictions regarding the development/redevelopment of the heritage buildin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt is determinable on the basis of grading of heritage buildings/precincts. For instance: (i) No interventions be permitted either on exterior or interior of the heritage building or natural features unless it is necessary in the interest of strengthening and prolonging, the life of the buildings/or precincts or any part or features thereof. For this purpose, absolutely essential and minimum changes would be allowed and they must be in conformity with the original; (ii) Internal changes and adaptive re-use may by and large be allowed but subject to strict scrutiny. Care would be taken to ensure the conservation of all special aspects for which it is included in Heritage Grade-II. In addition to the above, extension or additional building in the same plot or compound could in certain circumstances, be allowed provided that the extension/additional building is in harmony with (and does not detract from) the existing heritage building(s) or precincts especially in terms of height and facade; (iii) Internal changes and adaptive re-use may by and large be allowed. Changes an include extensions and additional buildings in the same plot or compound. However, any changes should be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... approval before processing the proposal for change of use of the listed heritage building/listed precincts. Not for other buildings/sites. Whereas, prior permission of the designated Authority is required to be obtained under Clause 1.3 before the commencement of development/redevelopment etc. work by the project proponents of the listed heritage buildings/listed precincts including on lands adjoining thereto. The stages and purpose of each of these is distinct. The two do not overlap. In the present case, the former i.e., prior approval under Clause 1.12 for change in land use of the concerned listed buildings/listed precincts has been granted by the HCC, as recorded in the form of minutes of the Authority concerned, referred to earlier. Thus, what is now needed is prior permission of the designated Authority under Clause 1.3 before the development/redevelopment etc. work by the project proponent is commenced on the listed heritage buildings/precincts/natural feature areas including on plot No. 118 (for construction of new Parliament building) being a land adjoining to a Grade I listed heritage building, if already not obtained. ENVIRONMENTAL CLEARANCE (EC) 333. W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the pre-feasibility project report except that, in case of construction projects or activities (item 8 of the Schedule) in addition to Form 1 and the Supplementary Form 1A, a copy of the conceptual plan shall be provided, instead of the pre-feasibility report. Along with the application in Form I and Form IA, a pre-feasibility report is to be prepared and attached by the project proponent. However, in cases falling under item 8 of the schedule, instead of a pre-feasibility report, a conceptual plan is to be supplied along with Form I and Form IA. The Petitioners had advanced an argument that the Respondents failed to submit a pre-feasibility report while making the application for clearance for construction of new Parliament building. The same is turned down in light of the position of law as aforesaid. 335. While making application on 12.2.2020, the project proponent had submitted three documents to the EAC, including the conceptual plan and no infirmity is found on this count. The application letter states thus: ... We are enclosing the following documents for your kind perusal. 1. Form 1 as per EIA Notification 2006. 2. Form 1 A as per EIA Notification 2006 dul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erms of Reference (TOR) addressing all relevant environmental concerns for the preparation of an Environment Impact Assessment (EIA) Report in respect of the project or activity for which prior environmental clearance is sought... This definition then makes it clear that no scoping is mandated for projects categorized as category B2 in item 8 of the Schedule and appraisal of such projects shall take place on the basis of Form I and Form IA. It is noted that: ...All projects and activities listed as Category 'B' in Item 8 of the Schedule (Construction/Township/Commercial Complexes/Housing) shall not require Scoping and will be appraised on the basis of Form 1/Form 1A and the conceptual plan. S.O. 996(E) dated 10.4.2015 published in the Gazette of India also makes it clear that projects falling under category B against item 8(a) do not require scoping. The relevant extract thereof notes thus: Provided also that the following shall not require Scoping- (i) all projects and activities listed under Category 'B', against Item 8(a) of the Schedule; ... ... It further notes that the projects/activities referred in the aforesaid Clause shall be apprai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ittee or State Level Expert Appraisal Committee concerned shall make categorical recommendations to the regulatory authority concerned either for grant of prior environmental clearance on stipulated terms and conditions, or rejection of the application for prior environmental clearance, together with reasons for the same. At the cost of repetition, albeit with the benefit of clarity on the legal position, we note that Clause (ii) reiterates the same legal position as regards the material on the basis of which appraisal of category B item 8(a) projects (projects not requiring public consultation) is to be done. It is stated that: (ii) The appraisal of all projects or activities which are not required to undergo public consultation, or submit an Environment Impact Assessment report, shall be carried out on the basis of the prescribed application Form 1 and Form 1A as applicable, any other relevant validated information available and the site visit wherever the same is considered as necessary by the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned. 339. The aforesaid legal position makes it clear that both basis as well as level of scrutiny of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Government has the sole prerogative to decide the nature, expanse and timeline of development work. The Government may choose to begin the development of an entire region at once or do it in a phased manner. We hasten to add that this prerogative of the Government is subject to due observance of rules, Regulations and other procedures. The scrutiny of the Court is to ensure that the Government does not transgress its boundaries in the task of governance. For the purpose of inviting a consultant and changing use of land involved in the project, it is understandable, rather desirable, that the entire project is treated as one. It would be absurd to invite different consultants for different components of a project, the very idea behind which is to ensure uniformity of design and efficiency. It would be a never-ending spiral. The job of consultant herein was to present a vision document for the whole project at once so that the Government is in a position to plan further course of action as per the approved design. It could not have been expected to seek such consultancy services in a piecemeal manner. Therefore, merely because the project was presented as a cumulative one for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ects are distinct. 346. It would not be out of place to note that even change of policy is well recognized as a function integral to governance. In Col. A.S. Sangwan v. Union of India and Ors. 1980 Supp. SCC 559, the Court rightly noted the possibility of changes in policy matters and noted thus: 4.... A policy once formulated is not good for ever; it is perfectly within the competence of the Union of India to change it, rechange it, adjust it and readjust it according to the compulsions of circumstances and imperatives of national considerations. We cannot, as Court, give directives as to how the Defence Ministry should function except to state that the obligation not to act arbitrarily and to treat employees equally is binding on the Union of India because it functions under the Constitution and not over it. In this view, we agree with the submission of the Union of India that there is no bar to its changing the policy formulated in 1964 if there are good and weighty reasons for doing so. We are far from suggesting that a new policy should be made merely because of the lapse of time, nor are we inclined to suggest the manner in which such a policy should be shaped. It is en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was also observed: (Motibhai case AIR, 1961 Guj 93 AIR p. 104, para 43) 43. Public purpose is not a constant. The scope of an expression which conjugates general interest of the public must necessarily depend inter alia on social and economic needs and broad interpretation of the democratic ideal. It must alter as social and economic conditions alter. The social and economic theorist may contend for an extremely wide application of this concept of public purpose and overemphasise the element of the general interest of the public. The reactionary on the other hand may strive for stringent restraints on its shifting boundaries and oppose any shift in emphasis. The true Rule of the matter would seem to lie midway. The Court will not attach too much weight to the apparent character of the activity or agency but would prefer to lean in favour of an application of the Rule which has regard to the substance of the matter and embraces activities, engagements and operations which would serve the common good as being affected with public interest. The application of the Rule must rest on the modern economic system of a welfare State having its own requirements and problems. The applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of completion of various projects which broadly fall under the umbrella of a common vision for the region, the same cannot be disturbed on the notion that the whole vision should go through the regulatory compliances at once. That would defeat the whole purpose of advance planning of a development activity. Planning involves in-depth consideration of a wide range of concerns including regulatory requirements. The decision to attribute different timelines and purposes to different projects is a domain of planning and the Court cannot readily attribute the label of mala fides to such informed decision until and unless there is a clear attempt to evade the requirements of law. Noticeably, the Parliament project involves two components - renovation of existing building and construction of new building on adjacent plot - and both these components have been submitted for collective assessment by the project proponent. If these components would have been separated and submitted for clearance in a piece-meal manner, it would have been a case of cake-slicing the project. For, these two components are functionally and intrinsically connected and must be considered cumulatively. 351. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of integrated building subsystems satisfying the functional requirements of a building. (emphasis supplied) The aforesaid definition provides that functionality is the core element in deciding what comprises of a building system. Thus, different components which are not only separated by area but also do not depend upon each other for functional needs cannot be treated as a part of one building system. This is corroborative of the legal position exposited above in the discussion. 352. Irrefutably, any exposition on what could amount to an integrated project, thereby calling for a cumulative assessment, has to be done with circumspection. For, the 2006 Notification would apply equally to other public projects including private projects without variation in the legal standard. The question here is whether a common builder/developer undertaking construction work on ten different plots totalling upto thousand acres scattered in different areas of a region/state/country and not adjoining or contiguous could be subjected to the rigours of cumulative assessment equivalent to an integrated project merely because the total area across which the projects are spread, when added up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... development thereof is yet to commence and do not involve multi-sectoral components. 355. Furthermore, it is relevant to note that the 2006 Notification is not toothless in the face of misinformation in Form I. Clause 8 of the 2006 Notification, in Clause (vi), provides for appropriate recourse in case any information in Form I is found to be false and misleading (including information relating to interlinked projects). It states thus: 8. Grant or Rejection of Prior Environment Clearance (EC): ... (vi) Deliberate concealment and/or submission of false or misleading information or data which is material to screening or scoping or appraisal or decision on the application shall make the application liable for rejection, and cancellation of prior environmental clearance granted on that basis. Rejection of an application or cancellation of a prior environmental clearance already granted, on such ground, shall be decided by the regulatory authority, after giving a personal hearing to the applicant, and following the principles of natural justice. We find merits in the plea taken by the Respondents that the Parliament project cannot be regarded as inter-linked or interde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plan has been prepared for the disposal of said waste. During the construction phase, a Construction and Demolition (C D) Waste management plan has been made which primarily covers: (a) Proper collection to avoid spillage, nuisance, traffic congestion, choking of drains and covering of storage spaces. (b) Segregation of generated waste into concrete, soil, steel, wood, plastic, bricks and mortar. (c) Re-use and recycling at C D waste management facility. It is further informed that for the management of municipal solid waste, a different approach has been devised which includes: (a) Segregation of municipal solid waste into bio-degradable, non-bio-degradable, hazardous waste and garden waste, and supplying this waste to authorized personnel as per NDMC norms. (b) Organic wastes to be composted through an in-house mechanism. During the operational phase, it is informed that waste would be generated in the same manner as in the construction phase and estimates state that maximum solid waste generation could be 4826.35 kg per day including the waste generation during Parliament session. (viii) Wastewater generation - It is informed that wastewater genera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accordance with Hazardous and Other wastes (Management and Transboundary Movement) Rules, 2016 and handling, storing, recycling, transporting, disposal shall be in accordance with the orders/approvals from DPCC. (xv) Emissions - It is expected that fugitive emissions from handling, loading, unloading shall be released during the construction phase. To minimize such emissions, the following steps are proposed: (a) loading/unloading to be done under covered area; (b) proper barricading to reduce offsite dust generation; (c) transportation of material to be done under covered means of transport; (xvi) Dust/odours - To prevent emergence of dust and foul odour, it is proposed that a comprehensive plan shall be made to be operative in construction phase and operational phase. During the construction phase, the following steps are proposed: (a) water sprinkling for dust suppression; (b) mobile/temporary toilets; (c) temporary solid waste storage on the site; For the operational phase, it is informed that owing to landscaped nature of the site, there will be minimum dust generation including that from vehicular emissions. (xvii) Deposition of pollutants - It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erials stored in sealed containers or prevented from blowing. Absence of stockpiles or open containers of dusty material Construction activities Compaction of soil during various construction activities Construction logs Construction activities Ambient air quality within the premises of the proposed unit to be monitored The ambient air quality will conform to the standard for PM2.5, PM10, SO2 and NOx. As per requirement of Central Pollution Control Board 2. Noise List of all noise generating machinery onsite along with age to be prepared. Equipment logs, noise reading During construction phase Equipment to be maintained in good working orders. Equipment logs, noise reading During construction phase Night working to be minimized Working hour Records Construction activities Generation of vehicular noise Maintenance records of v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... construction phase 5. Drainage and effluent management Ensure drainage system and specific design measures are working effectively Visual inspection of drainage and records thereof During construction phase The design to incorporate existing drainage pattern and avoid disturbing the same. 6. Waste management Implement waste management plan that identifies and characterizes every waste arising associated with proposed activities and which identifies the procedures for collection, handling and disposal of each waste arising Comprehensive Waste Management Plan in place and available for inspection on-site. Compliance with MSW Rules, 1998 and Hazardous Wastes (Management and Handling Rules), 2003 Prior to site clearance 7. Non-routine events and accidental releases Plan to be drawn up, considering likely emergencies and steps required to prevent/limit consequences. Mock drills and records of the same During constructio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Take care in disposal of wastewater generated such that soil and groundwater resources are protected Discharge norms for Effluents During operation phase 12. Drainage and effluent management Ensure drainage system and specific design measures are working effectively. Visual inspection of drainage and records thereof During operation phase Design to incorporate existing drainage pattern and avoid disturbing the same Visual inspection of drainage and records thereof During operation phase 13. Indoor air contamination Contaminants such as CO, CO2, and VOCs to be reduced by providing adequate ventilation. Monitoring of indoor air contaminants such as CO, CO2, and VOCs During operation phase 14. Energy Usage Energy usage for airconditioning and other activities to be minimized Findings of energy audit report During operation phase ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent Building. (iii) Status of Court Case(s) pending in Courts/Tribunals related to the project. (iv) Traffic Management Plan. (v) Point wise reply to the representations received. (vi) Updated Master Plan of Delhi showing land-use of plot No. 118. The proposal thus stood deferred. 360. The requisite documents were supplied by the project proponent to EAC along with modified Form I/I-A. A detailed conceptual plan titled Conceptual Plan for Environmental Clearance of Expansion and Renovation of Existing Parliament Building was also prepared and submitted by the proponent for appraisal by EAC. The conceptual plan consists of details on various environmental aspects which can be summarized thus: (i) Environmental sensitivity; (ii) Connectivity with national highways, railway stations, airports and state boundaries; (iii) Project cost; (iv) Project details covering information relating to plot area, built-up area, permissible ground coverage, proposed ground coverage, proposed construction area, area to be demolished, power requirements, fresh water requirements, waste water generation, number of trees to be translocated and number of trees to be planted. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion Sources of air emissions: Vehicular movement There will be marginal increase, at most, since number of trips will only marginally increase. DG sets These are proposed to be kept in standby mode, and will be used only during rare power outage scenario as the power supply to Parliament is stable. Vehicular movement will be further streamlined based on the Transport Plan. The DG sets will be provided with adequate stack height. No increase in air pollution beyond existing levels. Potential decrease as state of the art and low or no emission vehicles get introduced over time. 2. Noise pollution Sources of noise generation: Vehicular movement DG sets Vehicular noise will remain as before DG sets being in standby mode during normal operations will not emit noise During times of power failure, with state of art technology being used, in terms of acoustic enclosures, noise levels will be within limits. No increase in noise levels beyond existing levels. 3. Water Domestic sewage STP of 500 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per MoEF CC norms. There will be clear benefits to the local populace due to the project. 9 There will be clear benefits to the local populace due to the project. Groundwater is not being used for the project and the requisition of additional fresh water has been kept to a minimal level Reduce, reuse, recycle has been built into the project, no ground water resources to be used. No impact on groundwater resources 10 Soil Conservation Soil will be excavated for the project, especially for the basement housing utilities Top soil will be conserved and re-used for gardening. Additional soil from excavation will be utilized by CPWD in its ongoing projects. 363. The revised application along with the aforesaid details and documents was reconsidered by the EAC in its 50th Meeting on 22-24.4.2020. The committee considered the relevant information on record and considered the application in light of the representations/objections received. The committee noted that more representations have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the State Pollution Control Board so as to continuously monitor the treated waste water being used for flushing in terms of faecal coliforms and other pathogenic bacteria. VI. The committee recommended that for proper implementation of conditions relating to quality and quantity of recycled waste water, a third-party study may be commissioned and stated thus: (viii) The project proponents would commission a third party study on the implementation of conditions related to quality and quantity of recycle and reuse of treated water, efficiency of treatment systems, quality of treated water being supplied for flushing (specially the bacterial counts), comparative bacteriological studies from toilet seats using recycled treated waters and fresh waters for flushing, and quality of water being supplied through spray faucets attached to toilet seats. VII. The committee suggested compliance with rainwater harvesting laws and recommended thus: (ix) The local bye-law provisions on rain water harvesting should be followed. If local byelaw provision is not available, adequate provision for storage and recharge should be followed as per the Ministry of Urban Development Model ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... position of construction and demolition waste so as to prevent obstruction to the traffic or the public or drains. e) The project proponent shall pay relevant charges for collection, transportation, processing and disposal as notified by the concerned authorities. The project proponent if generate more than 20 tons or more in one day or 300 tons in a month shall have to pay for the processing and disposal of construction and demolition waste generated, apart from the payment for storage, collection and transportation as per the rate fixed by the concerned local authority or any other authority designated by the State Government. X. The committee then recommended that along with the current traffic management plan, a detailed traffic decongestion plan be prepared on the basis of cumulative impact of all development and increased habitation consequent thereto. It noted that: (xii) Traffic Management Plan as submitted shall be implemented in letter and spirit. Further, a detailed traffic management and traffic decongestion plan shall be drawn up to ensure that the current level of service of the roads within 5 kms radius of the project is maintained and improved upon after th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the competent authority and is just and proper. The project proponent has undertaken various expert studies to prepare a comprehensive traffic management plan, solid waste management plan, water management plan and waste disposal plan. There is ample information on record to show that the project proponent has adequately addressed various facets of the project including source of water, disposal of water, generation of concrete, disposal of concrete, power availability, concerns relating to landscape etc. and the Petitioners have outrightly failed to substantiate their apprehensions by placing material on record to the contrary. 365. As regards the transplantation of trees, wherever imminent, the committee has rightly noted that any such action must be taken after prior permission from the statutory authority under the 1994 Act. Understandably, the exercise of transplantation is to be carried out strictly in circumstances when the project cannot be carried forward in its actual form unless the trees are relocated. In environmental jurisprudence, the uppermost consideration is to secure the vision of sustainable development. The existence of an expert statutory authority to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng, scoping, public consultation and appraisal. Whereas, the present project, as already discussed above, is not subject to scoping procedure. In Hanuman Laxman Aroskar (2019) 15 SCC 401 (para 112.8), various details in Form I/I-A were left blank, information regarding trees was actively concealed and absence of reasons coupled with cursory analysis of the application raised substantial concerns of non-application of mind. The fact situation in that case was enough for shaking the judicial conscience and invocation of powers of review. 368. The Petitioners have urged that the Respondents have deliberately kept the Parliament annexe building and library out of the total built-up area so as to reduce the scrutiny level. Upon examination, we note that this argument is also devoid of substance. We note at the very outset the Respondents' submission that the aforesaid structures are not a part of the proposal. In Written Submissions - Part I, it is stated in clear terms that no work is proposed with respect to the said buildings (Parliament annexe and Library). The submission in para 9 reads thus: 9. The aforesaid 44940 sq.m. + 5200 sq.m. do not contain or include Annexe buil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... MERITS REVIEW BY NGT 369. Before we delve into the analysis further, we would address the call for a merits review in this challenge to EC. The expression merits review needs to be put into its correct perspective. For that we must immediately advert to Section 16 of the National Green Tribunal Act, 2010 For short, 2010 Act . It provides for the appellate jurisdiction of NGT thus: 16. Tribunal to have appellate jurisdiction. --Any person aggrieved by, -- ... ... (h) an order made, on or after the commencement of the National Green Tribunal Act, 2010, granting environmental clearance in the area in which any industries, operations or processes or class of industries, operations and processes shall not be carried out or shall be carried out subject to certain safeguards under the Environment (Protection) Act, 1986 (29 of 1986); ... ... may, within a period of thirty days from the date on which the order or decision or direction or determination is communicated to him, prefer an appeal to the Tribunal: The provision empowers any aggrieved person to file an appeal against the grant of EC for the scrutiny of NGT. The scheme of 2010 Act, as found in Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate a requirement of in-depth technical analysis in this case. Mere suspicion cannot become a ground for parting away with a subject matter which is pending for this Court's consideration and deserves complete justice in the cause. 373. No doubt, by way of the exclusive jurisdiction Clause in Section 29, the jurisdiction of civil Courts is barred on these subject matters, but there is no impact whatsoever on the jurisdiction of this Court, being a Court of record and bestowed with original and appellate jurisdiction including superior powers to do complete justice Under Article 142 in special circumstances. In other words, the jurisdiction of this Court is not controlled or guided by the form of jurisdiction vested in NGT in terms of the 2010 Act. The considerations before this Court can be diverse and expansive and the moment a lis comes before this Court, the subject matter comes out of the ambit of limited statutory consideration and falls in the realm of plenary constitutional consideration-wherein the duty of the Court is to do complete justice between the parties before it and in public interest jurisdiction to a class of persons. 374. Indubitably, environment and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ully realized. 376. The right to development, thus, is intrinsically connected to the preservance of a dignified life. It is not limited to the idea of infrastructural development, rather, it entails human development as the basis of all development. The jurisprudence in environmental matters must acknowledge that there is immense inter-dependence between right to development and right to natural environment. In International Law and Sustainable Development, Arjun Sengupta in the chapter Implementing the Right to Development72 notes thus: ... Two rights are interdependent if the level of enjoyment of one is dependent on the level of enjoyment of the other... The concern of the regulatory agencies is to weed out the unsustainable from the development plan and to parallely ensure that right to development is not trumping upon any other right. Sengupta further notes: ... There is an improvement in the right to development only if at least one of the constituent rights improves and no other right deteriorates or is violated, which means the right to development conforms to the principle of the indivisibility of human rights... International Law and Sustainable Developmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the agency to comprehend the meaning of the evidence relied upon and the evidence discarded; the questions addressed by the agency and those bypassed; the choices open to the agency and those made. The more technical the case, the more intensive the court's effort to understand the evidence, for without an appropriate understanding of the case before it the court cannot properly perform its appellate function. ... He then notes the need for realising the limits of judicial function thus: But the function must be performed with conscientious awareness of its limited nature. The enforced education into the intricacies of the problem before the agency is not designed to enable the court to become a superagency that can supplant the agency's expert decision-maker. To the contrary, the court must give due deference to the agency's ability to rely on its own developed expertise. The immersion in the evidence is designed solely to enable the court to determine whether the agency decision was rational and based on consideration of the relevant factors. It is settled that we must affirm decisions with which we disagree so long as this test is met... (emphasis supplied) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the intent behind improving air quality a mandatory feature for modern buildings and more particularly during the phase of construction of such major projects in the cities most affected by air pollution. In other words, directions be issued for the areas with deteriorating air quality index. We call upon the Respondents (MoEF) to finalise the nuances in this regard and issue appropriate directions. CONSULTATION SERVICES NIT SELECTION PROCESS 383. The Petitioners have challenged the selection/appointment of consultant on various counts including due to following usual best price method instead of best design competition of international standards for such an eminent project of national importance. At the outset, we must deal with the challenge to the method preferred by the Government for selection/appointment of Consultant for the stated project. In light of our analysis whilst dealing with other larger issues (other than based on statutory violations) for the same reasons or principle underlying thereto, even the challenge under consideration must be negatived being devoid of merits. For, in absence of any statutory mandate to adopt a particular method for selec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal relations, preparation of master plan including obtaining its statutory and local bodies approval, preliminary project report preliminary estimate, detailed architectural drawings, detailed structural design and detailing including designing and detailing of all services, their drawings approval, external development works, landscaping, BIM Modeling, detailed project report and preparation of all Bid/Tender documents etc. Consultant should adhere to the Central Vista Committee Guidelines and Lutyens Bungalow Zone Guidelines while carrying out the consultancy work for the Redevelopment of Central Vista. (emphasis supplied) The scope of consultancy work clearly specifies that the consultant is required for the purpose of project conceptualization by assisting the project proponent in various activities. It further specifies that the consultant is bound to adhere to CVC guidelines and Lutyens Bungalow Zone guidelines, which goes on to show that the consultant is not entrusted with any independent function of making a new master plan and is only bound to work within the four corners of legal framework governing the region. 386. The Terms of Reference (TOR) further spe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Kumar, ADG (Works), CPWD - Member (iv) Shri Vikas Bhosekar, Landscape Architect, Plot No. 13, No. 136, New CDSS, Pune - Member (vi) Shri Ramesh Dangle, Urban Designer, Chief Architect Planner, CIDCO, Navi Mumbai - Member (vii) Shri Vijay Prakash Rao, Senior Architect, Region Delhi, CPWD - Member Secretary 388. A tender is essentially a contract between two parties and merely because one party to the contract is the State, the basic character of the transaction does not change. In India, we follow the principle of privity of contract and the law relating to contracts and specific relief provides ample remedy to an aggrieved party to the contractual transaction. The principle of privity of contract has sound basis in law. It is owing to the basic character of a commercial relation wherein two parties of sound mind choose to enter into a legal relationship with each other and decide mutual rights and liabilities in accordance with the needs of the transaction with their free consent. There is an element of consensus ad idem. In a free commercial transaction, it is the foremost desire of the parties to keep third person interference away. 389. As a general rule, there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to clarify any doubts and the final technical evaluation was done by a Jury of Experts. The Petitioners have not raised any allegation against the neutrality of jury members. Moreover, it is also not the case of the Petitioners that the jury members failed to apply their mind during evaluation. The Petitioners primarily assail the conditions of tender. As aforesaid, it is not for the Court to determine the suitability of conditions under which the Government wants to enter into commercial relationships with private persons or the manner in which it intends to execute the Project absent any statutory regime in that regard. The Government with the aid of its various agencies, is free to determine its Rules of engagement with other entities. 392. In such matters, illegality in decision-making is the primary concern of this Court. The Petitioners have not shown that the conditions of tender were deliberately crafted in a manner to make them suitable for a particular participant. Nor, have they shown that the conditions were violative of any mandatory requirement. Even as regards the process of selection, it is not enough to allege mala fide conduct by pitching the argument of favou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up certain parameters to be kept in mind while considering a challenge of this nature and observed thus: 23. From the above decisions, the following principles emerge: ..... (b) Fixation of a value of the tender is entirely within the purview of the executive and the courts hardly have any role to play in this process except for striking down such action of the executive as is proved to be arbitrary or unreasonable. If the Government acts in conformity with certain healthy standards and norms such as awarding of contracts by inviting tenders, in those circumstances, the interference by courts is very limited; (c) In the matter of formulating conditions of a tender document and awarding a contract, greater latitude is required to be conceded to the State authorities unless the action of the tendering authority is found to be malicious and a misuse of its statutory powers, interference by courts is not warranted; (d) Certain preconditions or qualifications for tenders have to be laid down to ensure that the contractor has the capacity and the resources to successfully execute the work; and (e) If the State or its instrumentalities act reasonably, fairly and in publ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he point, has made following observations in para 88 of the judgment: 88. It will be seen that whenever the Court has interfered and given directions while entertaining PIL it has mainly been where there has been an element of violation of Article 21 or of human rights or where the litigation has been initiated for the benefit of the poor and the underprivileged who are unable to come to court due to some disadvantage. In those cases also it is the legal rights which are secured by the courts. We may, however, add that public interest litigation was not meant to be a weapon to challenge the financial or economic decisions which are taken by the Government in exercise of their administrative power. No doubt a person personally aggrieved by any such decision, which he regards as illegal, can impugn the same in a court of law, but, a public interest litigation at the behest of a stranger ought not to be entertained. Such a litigation cannot per se be on behalf of the poor and the downtrodden, unless the court is satisfied that there has been violation of Article 21 and the persons adversely affected are unable to approach the court. From the passage quoted above it is clear that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to safeguard and protect the human rights of those people who were unable to protect themselves. With the passage of time PIL jurisdiction has been ballooning so as to encompass within its ambit subjects such as probity in public life, granting of largesse in the form of licences, protecting environment and the like. But the balloon should not be inflated so much that it bursts. Public interest litigation should not be allowed to degenerate to becoming publicity interest litigation or private inquisitiveness litigation. 231. While exercising jurisdiction in PIL cases the court has not forsaken its duty and role as a court of law dispensing justice in accordance with law. It is only where there has been a failure on the part of any authority in acting according to law or in non-action or acting in violation of the law that the court has stepped in. No directions are issued which are in conflict with any legal provisions. Directions have, in appropriate cases, been given where the law is silent and inaction would result in violation of the fundamental rights or other legal provisions. 232. While protecting the rights of the people from being violated in any manner utmost care ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... function of the court to go into the matter afresh and, in a way, sit in appeal over such a policy decision. 235. What the Petitioner wants the Court to do in this case is precisely that. The facts enumerated hereinabove clearly indicate that the Central Government had taken a decision to construct the dam as that was the only solution available to it for providing water to the water-scarce areas. It was known at that time that people will be displaced and will have to be rehabilitated. There is no material to enable this Court to come to the conclusion that the decision was mala fide. A hard decision need not necessarily be a bad decision. (emphasis supplied) 397. The apprehension of the Petitioners regarding percentage contracts is also unfounded, for the same is taken care of by Manual for Procurement of Consultancy Other Services, 2017 For short, Manual released by Department of Expenditure, Ministry of Finance. Chapter-3 of the Manual provides for Risks and Mitigations relating to percentage contracts. The risk is stated thus: Bias against Economic solutions: Since the percentage payment is linked to the total cost of the project, in the case of architectural ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of which, the entire process cannot be regarded as illegal. The Respondents have categorically submitted that considering the fact that the proposed project is a functional building, a concept competition was conducted instead of a design competition. For, the latter is suitable for logos and art works, and a concept competition was more suited to meet the needs of a functional building. A concept competition, like a design competition, is another way of planning for developing a functional building (such as Parliament House). It is for the government to decide their method of planning from the legally available alternatives in accordance with the nature of project - emphasis on design or emphasis on functionality. In any case, it is not for the Courts to decide which competition will be more appropriate, being a policy matter. 400. To rebut the argument that CPWD may not be well equipped to take care of concerns of design and executing a project of such immense national importance, learned Solicitor General submitted from the record that CPWD has been successfully executing projects at international scale. The recently completed state of the art National Assembly of Afghanista ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uard the forests and wild life of the country. Furthermore, Article 49 enjoins the State to protect monuments of historic and artistic interest thus: 49. It shall be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be. (emphasis supplied) Article 49 reveals a crucial dimension of public trust. It categorically specifies that the obligation of State to protect monuments pertains to those monuments which are declared to be of national importance by a law made by Parliament. Though, it ipso facto does not mean that public trust does not enliven State action with respect to handling of other public resources, nonetheless it is instructive of the constitutional intent that the doctrine of public trust does not operate in vacuum. It depends on several factors including, but not limited to, the resource under question, usage of the resource in the past, proposed usage of the resource, management of the resource and nature (public or private) of the entity whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the above discussion is that for proving a violation of public trust, it falls upon the Petitioners to establish that public resources are being squandered and used or planned to be used in a manner which cannot be termed as beneficial public use. The Court would look for an actual deprivation of public's right over common resources. As for the Respondents, it falls upon them to establish that the proposed use of public resources is aligned in the direction of beneficial use and in public interest. In the present case, the Respondents have elaborately demonstrated the imminent need for the project. Furthermore, as discussed above, the change in land use does not result into any deprivation of recreational spaces. On the contrary, the changes would result into optimisation and greater access to open spaces including entail in assets creation. We have also noted that the present project of expansion and renovation of Parliament does not entail any destruction or diminution of heritage sites or urban aesthetics as such. The Respondents have repeatedly assured the Court of adhering to all norms and conditions necessary for preservation of environment and heritage including urban a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hanging needs is for the legislature and not Courts and second, the executive cannot convert public resources into private ownership. 35. We are fully aware that the issues presented in this case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasingly complex society, find it necessary to encroach to some extent upon open lands heretofore considered inviolate to change. The resolution of this conflict in any given case is for the legislature and not the courts. If there is a law made by Parliament or the State Legislatures the courts can serve as an instrument of determining legislative intent in the exercise of its powers of judicial review under the Constitution. But in the absence of any legislation, the executive acting under the doctrine of public trust cannot abdicate the natural resources and convert them into private ownership, or for commercial use. The aesthetic use and the pristine glory of the natural resources, the environment and the ecosystems of o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sabha expressing need for enhanced space. (iii) Letter dated 2.8.2019 written by Sh. Om Birla, Speaker of Lok Sabha reiterating the need for space and other technological requirements. (iv) Office Memorandum dated 30.8.2019 issued by MoHUA expressing the need for development/redevelopment of Parliament Building, Common Central Secretariat and Central Vista, and requesting CPWD to float a Request for Proposal (RFP) for selection of consultant. (v) Notice inviting bids dated 2.9.2019. (vi) Responses to queries received in pre-bid meeting dated 14.9.2019. (vii) Copy of notice inviting bids dated 23.9.2019. Evidently, all relevant documents from the stage of expression of need for the project by Speaker of Lok Sabha to appointment of consultant, issuance of public notice, conduct of public hearing, final notification for change in land use and minutes of meetings of CVC, DUAC and EAC were placed in public domain. The Petitioners have not pointed out a single document which formed a part of the process and was not placed in public domain. 409. Be that as it may, it is also relevant to note that mere absence of information does not vitiate an administrative process, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... losure of intention as per the form prescribed for issuing public notice and the manner of enquiry to be conducted by the BoEH. The public notice is not required to be accompanied by technical information of the proposed project to be constructed on the notified plots. In fact, the concluding paragraph of public notice dated 21.12.2019 makes it amply clear that the text/plan indicating the proposed modifications is available on DDA's official website i.e. www.dda.org.in. Further, there is no statutory requirement to display development plan concerning the proposed project, in the town planning legislation under consideration. Be it noted that the case on hand is not relating to the preparation of draft Master Plan or Zonal Plan governed by Part III of the Act, but only regarding modification in exercise of powers Under Section 11A of the Act. In any case, it was open to the interested party to approach the concerned authority under the 2005 Act for obtaining (further) requisite information from the concerned authority. It is not the case of the Petitioners that such application was made and was not entertained within reasonable time or was rejected. Had such application been ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o complete justice as envisaged Under Article 142 and to obviate possibility of project of national importance being stuck, embroiled and delayed due to engagement of the project proponent before multiple legal forums/proceedings. We have had plethora of cases in the post-PIL period wherein prolonged litigation against infrastructural projects resulted in inordinate delays to the extent that the projects got buried forever or became unviable owing to excessive burden on the public exchequer (honest taxpayers' money). That is where this Court's power to do not only complete but substantial justice gets triggered. 413. Deviating from constitutional obligation of the Court, we may also note that the 2018 amendment to the Specific Relief Act, 1963 aligned the view of the legislature in this direction with the insertion of Section 20A and Clause (ha) to Section 41 which prohibited the grant of injunction against infrastructural projects. The underlying legislative intent of the legislature is to protect such projects from inappropriate use of Court processes. Therefore, there is no doubt that the broad approach of a constitutional Court in dealing with a public interest matte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decisions may impose heavy administrative burdens on the administration, divert resources towards reopening decisions, and lead to increased and unbudgeted expenditure. Earlier cases took the robust line that the law had to be observed, and the decision invalidated whatever the administrative inconvenience caused. The courts nowadays recognise that such an approach is not always appropriate and may not be in the wider public interest. The effect on the administrative process is relevant to the courts' remedial discretion and may prove decisive. This is particularly the case when the challenge is procedural rather than substantive, or if the courts can be certain that the administrator would not reach a different decision even if the original decisions were quashed. Judges may differ in the importance they attach to the disruption that quashing a decision will cause. They may also be influenced by the extent to which the illegality arises from the conduct of the administrative body itself, and their view of that conduct. 416. The character of a public interest proceeding is necessarily non-adversarial in nature and it is not a matter of two individuals fighting against each ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court Under Article 32 of the Constitution is plenary and merely because a statutory remedy of appeal is provided for in a statute, it cannot be the sole basis to take away the jurisdiction of this Court in a cause pending before it, which is likely to pose legal questions of larger public and national interest including to facilitate the State to fulfil its constitutional obligations. Moreso because, substantive writ petition(s) is filed and is being heard analogously by this Court as public interest litigation to question the impact of the impugned decision(s) being violative of environmental laws. In any case, this objection has become academic because at the end of the oral arguments, the learned Counsel appearing for the applicants, who had taken this plea, suggested to dispose of the application as infructuous. POSTLUDE 420. Before we part, we feel constrained to note that in the present case, the Petitioners enthusiastically called upon us to venture into territories that are way beyond the contemplated powers of a constitutional court. We are compelled to wonder if we, in the absence of a legal mandate, can dictate the government to desist from spending money on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the issues under consideration, in our judgment at appropriate place(s). We do not deem it necessary to dilate on other relied upon decisions being repetitive or not directly on the points answered by us, to obviate prolixity. Also, because the principle expounded therein is restated by us in this judgment and is no way different. CONCLUSION AND ORDER 423. In conclusion, we declare and direct as follows: (i) We hold that there is no infirmity in the grant of: (a) No Objection by the Central Vista Committee (CVC); (b) Approval by the Delhi Urban Art Commission (DUAC) as per the DUAC Act, 1973; and (c) Prior approval by the Heritage Conservation Committee (HCC) under Clause 1.12 of the Building Byelaws for Delhi, 2016. (ii) We further hold that the exercise of power by the Central Government Under Section 11A(2) of the DDA Act, 1957 is just and proper and thus the 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 stands confirmed. (iii) The recommendation of Environmental Clearance (EC) by Expert Appraisal Committee ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ards costs. Sanjiv Khanna, J. 426. In the heart of the national capital, and within the Lutyens' Bungalow Zone (LBZ), lies the Central Vista - the centrepiece and living heritage of Delhi. The Indian National Trust for Art and Cultural Heritage (INTACH) describes Central Vista as the ensemble with main axis Rajpath...the Rashtrapati Bhawan at Raisina Hills, flanked by the Secretariat (North and South Blocks)...the Parliament House...the hexagonal round-about that has the India Gate and the Canopy... The Rashtrapati Bhawan, spread over about 330 acres, is the abode of the head of the Indian Republic. The Parliament House is the birth-place of our Constitution and the sanctum sanctorum where the elected representatives of people discuss, deliberate and enact laws. The North and the South Blocks house offices where the higher echelons of government and civil service take policy decisions and govern the largest democracy in the world. The promenade has other iconic buildings like India Gate with Amar Jawan Jyoti, the National Archives, the National Museum, the National Stadium, the National War Memorial and the adolescents' favourite 'the Children's Park&# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision. 429.1. The Development Act is enacted by the Parliament with the objective to develop Delhi in a planned manner, as without proper planning the growth of the national capital would be unorganised, inequitable, unaesthetic and hazardous. The Development Act postulates constitution of the Delhi Development Authority (the 'Authority'), which shall work to promote and secure the development of Delhi according to plan. Chapter III, titled 'Master Plan and Zonal Development Plan,' consists of Sections 7 to 11. Section 7 requires the Authority to carry out a civic survey and prepare a Master Plan for Delhi, defining various zones into which Delhi may be divided for the purposes of development, and indicate the manner in which the land in each zone is proposed to be used. Section 8 of the Development Act states that simultaneously with the preparation of Master Plan, or soon thereafter, the Authority shall prepare zonal development plans for each of the zones. The Master Plan is to serve as a basic pattern of framework within which these zonal development plans may be prepared. These zonal development plans may contain a site-plan and use-plan for the development ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdance with the Rules and publish it, inviting objections and suggestions from any person. Every local authority within whose local limits any land touched by the plan is situated is also to be given a reasonable opportunity to make representation. Upon consideration of the objections, suggestions and representations, the Authority shall finally prepare the plan and submit it to the Central Government for approval. We shall subsequently refer to the Rules enacted, which read together with the Development Act envisage a scheme of robust and effective public participation in the entire process. 429.3. Section 11 states that after the plan has been approved by the Central Government, the Authority shall publish the plan in a manner prescribed by the Regulations, and by way of a notice, inform that the plan has been approved, the place where a copy of the plan may be inspected at all reasonable hours, and the date on which it shall come into operation. 429.4. Section 11A which was inserted by Act 56 of 1963 with effect from 30th December, 1963 and reads: 11A. Modifications to plan. - (1) The Authority may make any modifications to the master plan or the zonal development plan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 11A similarly empowers the Central Government to make modifications to the Master Plan or the Zonal Development Plan, but with a wider power to even affect modifications which go beyond the exclusions Under Sub-section (1). The power of modification is to be exercised when necessary in public interest. Sub-section (3) to Section 11A imposes and casts a duty on the Authority or Central Government, as the case may be, to consult general public by publication of a notice in the prescribed form and manner, invite objections and suggestions in respect of the proposed modification. The Authority or the Central Government, as the case may be, are duty bound to consider the objections and suggestions. When upon consideration, the Authority makes modifications Under Sub-section (1), it is required to report the full particulars to the Central Government, within 30 days of the date from which such modification come into force. Similarly, the Central Government may after consideration of the objections/suggestions notify the modification(s) in terms of Sub-sections (2) to (4) to Section 11A of the Development Act. Sub-section (6) states that where a question arises whether the modifications ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t desirable utilisation of land including government land. It may include a financial plan and an administrative plan. Rule 5 relates to public notice regarding preparation of Master Plan, and reads: 5. Public Notice regarding preparation of Master Plan. - (1) As soon as may be after the draft master plan has been prepared, the Authority shall publish a public notice stating that - (a) the draft Master Plan has been prepared and may be inspected by any person at such time and place may be specified in those notice; (b) suggestions and objections in writing, if any, in respect of the draft master plan may be filed by any person with the secretary of the Authority within 90 days from the date of first publication of the notice. [Provided that where the Central Government considers it expedient so to do for the purpose of maintenance of public order or in case of any exigency likely to affect the interest of the public it may require such suggestions and objection to be filed within in period of three days from the date of the notice] (2) This notice may be in Form A appended to these Rules without modification with. Such modification as may be necessary. Rule 5 stat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the report of the Board and any other matter it thinks fit, finally prepare the master plan and submit it to the Central Government for its approval. As per Rule 8, the Authority is required to appoint a Board of Enquiry and Hearing (BoEH) for hearing and considering the representations, objections and suggestions to the draft Master Plan. BoEH shall comprise of not less than three members of the Authority, which has the power to co-opt not more than two members from amongst the members of the Advisory Council of the Authority. Sub-rule (2) to Rule 8 prescribes the minimum quorum for the BoEH and states that no business of the BoEH shall be transacted unless at least three members of the BoEH are present from the beginning till the end of the hearing. Rule 9 states that the Secretary of the Authority, after the procedure prescribed under the Rules for making objections/representations and suggestions has been followed, shall serve notice on the local authority or the person who may be allowed personal hearing in connection with the representation, objection or suggestion to the draft Master Plan, intimating the time, date and place of hearing. Rule 10 states that the BoEH a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment Act and the Development Rules, a Master Plan for Delhi was promulgated in 1962, setting out a broad vision for the development of Delhi. Subsequently, for some reasons which we cannot fathom, albeit which need not be examined for the present litigation, the Authority by taking recourse and invoking Section 11A of the Development Act has enacted the Master Plan of Delhi 2001, followed by the Master Plan of Delhi 2021, which is currently being implemented. While the second and the third Master Plans were regarded as modifications Under Section 11-A of the Development Act, the procedure Under Section 11 and the Development Rules was followed in preparation and publication of the draft master plan and the positive requirement of public consultation and hearing were followed on both occasions. Significance of this exercise and its' legal implications would be noticed later. 431. With this statutory framework in mind, we shall proceed to consider the facts;- (a) On 2nd September 2019, Central Public Works Department (also referred to as 'CPWD') issued notice inviting bids for the Development/Redevelopment of Parliament Building, Common Central Secretariat and Cent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of the site is under Public and Semi Public facilities (SC). (Location marked on attached Annexure A). The proposed land use of the site is under Government Office. G. Plot No. 7 is located on Dara Shikoh Marg. As per MPD - 2021 the land use of the site is under Government office. (Location marked on attached Annexure A). The proposed land use of the site is Residential. H. Plot No. 8 is located on Lucknow Road near Timarpur and part of Planning Zone C. As per MPD-2021 the land use of the site is under Public and Semi Public Facilities. (Location marked on attached Annexure B). The proposed land use of the site is Recreational (District Park). (c) On the same day, i.e. 5th December 2019, the Technical Committee of the Authority approved the proposal for further processing Under Section 11A of the Development Act. Relevant portion of the decision is as under: 43/2019 Proposed change of land use of various plots (8 nos.) as mentioned in the Technical Committee Agenda The proposal was presented by Land Development officer, Gol. Officers from Planning, Zone-D, DDA informed that Land use was mentioned transportation for Plo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Location Area (in acres) Land use as per MPD 2021/ZDP 2001 Land use Changed to Boundaries 1. Plot No. 1 Located on Church Road near DTC Central Secretariat Bus Terminal, New Delhi 15 MPD-2021 Transportation (Bus Terminal/ Parking) ZDP Zone-D, 2001 Part-Recreational (Neighbourhood Play Area) Part- Transportation (Bus Terminal/ Parking) Govt. Office North: Church Road South: Rashtrapati Bhavan and North Block East: Part of North Block West: Rashtrapati Bhavan 2. Plot No.2 Opposite to Parliament house 9.5 Recreational (District Park) Parliament House North: Red Cross Road South: Raisina Road West: Parliament of India 3. Plot No.3 Located on south of Dr. Rajendra Prasad Road and houses National Archives 7.7 Public and Semi Public Facilities Govt. Office (5.8 acres) and Recreational (District Park) (1.88 acres) North: Dr. Raje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of land use in respect of Plot No. 1 was sent by the L DO to the Authority. (f) As per the Respondents, pursuant to the public notice, as many as 1292 objections to the proposed amendments/modifications to the plan were received from people living across the country. Some were on behalf of multiple persons. (For example, objection/suggestion No. 1292 was on behalf of Rajiv Kataria and 16 others.) (g) The public notice had stipulated: as per procedure all the objections/suggestions received within the stipulated time period of 30 days i.e. up to 19.01.2020, will be placed before the Board of Enquiry and Hearing (BoEH) . There is an error in computation of the 30-day period in the public notice, as Section 9 of the General Clauses Act, 1897 requires exclusion of the date of publication. Accordingly, the period of 30 days having commenced on 22nd December 2019 would have ended on 20th January, 2021. The Respondents in their counter affidavit have not specifically dealt with and answered this contention. However, at the time of hearing it was stated that objections received as late as on 21st January 2020 were taken into consideration. Reliance placed on the compilation giv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 7th February 2020. (i) A summary of the objections and suggestions was prepared and made available to the BoEH. The most common, if not almost universal, grievance raised was scanty and insufficient information and lack of details/explanation regarding the proposed changes and the redevelopment envisaged so as to enable the public to make suggestions/objections. Consequently, there was disquiet and perturbation. For the sake of convenience and for clarity, we would like to reproduce portions of some of the objections/suggestions: Sriram Ganapathi Objections: On account of the Central Vista area being the 'nation-space' of India the ever-increasing association in the minds of the general pubic of this being the space that signifies the unity and spirit of India and the manifestation of the same in the ever-increasing number of Indians who visit this area the proposed reduction of as much as 80 acres of area available both directly and indirectly to the general public transport and parking etc. in this area may be an inappropriate planning decision for obvious reasons. xx xx xx Suggestions: On account of general inability to understand the merit for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... should be first said with public at large so that a participatory public process can be followed in decision making. Objections were also made in relation to exercise of powers of the Authority to make modifications under Clause (1) of Section 11A of the Development Act. Some had highlighted that the project would reduce public space/area and the requisite approvals were not in place. We would for clarity quote some responses received by the Authority to illustrate the concerns raised: Anil Sood xx xx xx The master Plan can be modified subject to the satisfaction of restrictions imposed Under Section 11A. Thus Sub-section (1) of Section 11A permits modifications of the Master Plan under the following circumstances: not affect important alterations in the character of the plan; and which do not relate to the extent of land-users or the standards of population density. That it is a matter of record that DDA has not conducted the Civic Survey as mandated Under Section 7 but has also violated the mandate of Sub-section 1 of Section 11A that prohibits change of land use in case of change of population density and altar the basic character of the plan. Meena Gu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eceived during public hearing, it appears that the present project has not been referred to the Central Vista Committee, although in the past any such project has always been referred to the Central Vista Committee. Authority may like to take a view on this issue and make suitable recommendations to Government of India. (k) On 10th February 2020, the proposal for modification of the Central Vista Plan was placed before the Authority and approved in respect of Plot Nos. 2 to 8 vide agenda item No. 18/2020. The relevant portion of minutes reads as under: Item No. 18/2020 Regarding proposed change of land use of Plot Nos. 1, 2, 3, 4, 5, 6, 7 and 8.F.20(12)2019/MP a) The proposal was presented by Joint Secretary (L E), MoHUA, In-charge of Central Vista Development/Redevelopment Project, who was present as Special Invitee. She apprised the details of the Project to the members of the Authority. b) JS, MoHUA informed that during the planning of Capital City-New Delhi, the architects and urban designers - Edward Lutyens and Herbert Baker had prepared an urban design plan for entire New Delhi in such a way that all the important Government offices would come along the Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g public notice for plot No. 1 and consideration of allowing change of land use with respect to plot No. 2 to 8. e) The following facts were further elaborated by JS, MoHUA: i. Under the proposed Development/Redevelopment, total public space in the Central Vista is increasing by almost 100 acres. This constitutes the following: A National Bio-diversity Arboretum in 48.6 acres land on the western end of the President's Estates is proposed to house 1,236 endangered species in 11 different phytological zones. This facility will be open to the researchers as well as to the public. North and South Blocks which cover nearly 27 acres is proposed to be converted into National Museums showcasing India prior to and after 1857. Nearly 25 acres of land on the Western Bank of River Yamuna is proposed to be developed as New India Garden with an iconic structure to commemorate 75 years of India's Independence. ii. The project also proposes to develop/re-develop the Central Vista with proper public utilities, green spaces, water bodies, landscaping etc. whose total area will be more than the existing area as 5.6 acres from the existing buildings will be added to the green ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arded to MoHUA for approval/notification. (l) On 4th March 2020, a public notice was issued with regards to plot No. 1 for which L DO had sent a revised proposal. (m) On 9th March 2020, the Special Advisory Group of Central Vista and Central Secretariat (for short, 'Central Vista Committee') gave its approval for the proposed change of land use in respect of plots at serial Nos. 2 to 8. We shall subsequently refer to the minutes of this meeting and examine the challenge to the validity of this permission/approval. (n) On 20th March 2020, a public notice was issued by the MoHUA accepting the modifications to the Master Plan of Delhi - 2021 and the zonal development plan for Zone D C. The notification dated 20th March, 2020 is as under: MINISTRY OF HOUSING AND URBAN AFFAIRS (Delhi Division) NOTIFICATION New Delhi, the 20th March, 2020 S.O. 1192(E).--Whereas, certain modifications which the Central Government proposed to make in the Master Plan for Delhi-2021/Zonal Development Plan of Zone-D (for Plot No. 02 to 07) and Zone-C (for Plot No. 08) regarding the area mentioned here under were published in the Gazette of India, Extraordinary, as Pub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Govt. Office(22.82 acres) and Recreational (District Park) (1.88 acres) North: Dr Rajendra Prasad Road South: Green Area and Rajpath East: Man Singh Road West: Janpath 4. Plot No. 5 Located on East of Man Singh Road and South of Ashoka Road 4.5 Public and Semi Public Facilities (SC) Govt. Office North: Ashoka Road South: Green Area and Rajpath East: C- Hexagon West: Man Singh Road 5. Plot No. 6 Located on North of Maulana Azad Road and East of Janpath 24.7 Public and Semi Public Facilities (SC) Govt. Office (22.82 acres) and Recreational (District Park) (1.88 acres) North: Green Area and Rajpath South: Maulana Azad Road East: Man Singh Road West: Janpath 6. Plot No. 7 Located on North of Dalhausi Road near South Block 15 MPD-2021- Government Office Residential North: South Block South: Dara Shikoh Road East: Part of South Block West: Rashtrapati Bhavan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate on the test of proportionality as judicially accepted and applied in India. Presently, it would suffice to state that proportionality incorporates and effectuates reasonableness. Proportionality is based on the principle that administrative or even legislative action ought not to go beyond what is necessary to achieve its desired aims or objectives. Even while examining the question of Wednesbury unreasonableness the court can ask whether the decision was within the range of rational balances that may be struck. The Nature of Reasonableness Review (by Paul Craig) 433. In Anuradha Bhasin v. Union of India, (2020) 3 SCC 637 reference was made to the earlier decision of this Court in Modern Dental College and Research Centre v. State of Madhya Pradesh and Ors. (2016) 7 SCC 353 wherein reliance was placed on Aharon Barak's work on proportionality Proportionality: Constitutional Rights and its Limitations, Cambridge University Press (2012) , to observe: 60...a limitation of a constitutional right will be constitutionally permissible if: (i) it is designated for a proper purpose; (ii) the measures undertaken to effectuate such a limitation are rationally connected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ernment measure is the best of all feasible alternatives, considering both the degree to which it realises the government objective and the degree of impact upon fundamental rights ( the comparative component ). This approach was also adopted and preferred by A.K. Sikri, J. in K.S. Puttaswamy (Aadhaar-5J) (2019) 1 SCC 1. D.Y. Chandrachud, J., in the same judgment, had referred to the threefold requirement of legality which postulates the existence of law; need defined in terms of a legitimate state action; and proportionality which ensures rational nexus between the objects and means adopted to achieve them. The third principle, it was held, is the essential role of test of proportionality. Anuradha Bhasin also refers to the four-pronged test suggested by Sanjay Kishan Kaul, J. in his concurring opinion in the Aadhar (5 Judge Bench) judgment, to elucidate that the action must be sanctioned by law; the proposed action must be necessary in a democratic society for legitimate aim; the extent of interference must be proportionate to need for such interference; and there must be procedural guarantees against abuse of such interference. Accordingly, in Anuradha Bhasin it is observed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, subordinate legislation can also be questioned on the ground that it does not conform to the statute under which it was made, it is contrary to some other statute, or that it was not formed in consonance with the legislative intent as reflected in the Rule making power given under the statute. Under Article 14 of the Constitution of India, administrative decisions and subordinate legislations can be challenged and struck down when an action exhibits manifest arbitrariness. Quoting Diplock, L.J. in Mixnam's Properties Ltd. v. Chertsey Urban District Council, (1632) 2 All ER 787 this Court noted that subordinate legislation can be questioned on the ground of unreasonableness - not in the sense in which this expression is used in common law - but manifest arbitrariness, injustice or partiality when the court finds that the legislature would have never intended and given authority to make the Rules under challenge or when there is uncertainty (as distinct from unenforceability) that it can be said that the legislature had not intended to authorise the subordinate legislative authority to make changes in the existing law which are uncertain. In Kruse v. Johnson 1898, Divisional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a resolution would not confer any immunity to delegated legislation though it may be a circumstance to be taken into account along with other factors to uphold validity though it has been held that laying down Clause may prevent the subordinate legislation from being declared invalid for excessive delegation. 438. In Ispat Industries Limited v. Commissioner of Customs, (2006) 12 SCC 583 reference was made to pure theory of law and that in every legal system there is hierarchy of laws, and whenever there is conflict between a norm in a higher layer in this hierarchy and the norm in the lower layer, the norm in the higher layer will prevail. In India, the hierarchy puts the Constitution at the highest level followed by statutory law either by the Parliament or the State Legislature, delegated or subordinate legislation which are in the form of Rules made under the Act, Regulations made under the Act and then at the lowest level are the administrative orders or executive instructions without any statutory backing. 439. It has been argued before us that formulation or amendment/modification of a city's Master Plan is not an administrative but a legislative exercise. Relying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure and extent of inquiry is in the discretion of the subordinate legislating body and is not open to question on the ground that the inquiry was not as full as it might have been. This would not confer any right on anyone. See - Rayalaseema Paper Mills Limited and Anr. v. Government of A.P. and Ors. (2003) 1 SCC 341 The position, however, would be different where the legislature specifically directs the subordinate legislating body to invite objections and suggestions from the general public which must be considered before the subordinate legislation is made and enacted. Therefore, decision in Cynamide while observing that Rules of natural justice are not applicable to legislative action, primary or subordinate, draws a clear caveat, that this dictum is not applicable when the legislation has itself provided for duty and obligation to consult. When the legislation stipulates such a right, then the ordinary Rule of non-application of right to consult for a legislative action is irrelevant. In such a case, obligation to consult and right to hearing may be a substantive right. 442. In Cellular Operators Association of India and Ors. v. Telecom Regulatory Authority of India and O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trochemicals Ltd. v. Proprietors of Indian Express Newspapers, Bombay Pvt. Ltd. (1988) 4 SCC 592 and People's Union for Civil Liberties v. Union of India (2004) 2 SCC 476. The decision in Reliance Petrochemicals recognised the right to information as a fundamental right Under Article 21 of the Constitution. Sabyasachi Mukharji, J., as His Lordship then was, has held: 34...We must remember that the people at large have a right to know in order to be able to take part in a participatory development in the industrial life and democracy. Right to know is a basic right which citizens of a free country aspire in the broader horizon of the right to live in this age in our land Under Article 21 of our Constitution. That right has reached new dimensions and urgency. That right puts greater responsibility upon those who take upon themselves the responsibility to inform. 444. Earlier, in Central Board of Secondary Education v. Aditya Bandopadhyay, (2011) 8 SCC 497 this Court had divided information into three categories, namely, (i) information, that promotes transparency and accountability in the working of every public authority, and may also help contain or discourage corruption, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll' in the statute, whether mandatory or directory, cannot be resolved by laying down general rule; the object of the statute in making the provision is a determining factor. The intention of the legislature in making the provision, the serious general inconvenience or injustice to persons resulting from whether the provision is read one way or the other, the relation of the particular provision to other provisions dealing with the same subject and other considerations which may arise on the facts of a particular case including the language of the provision have to be taken into account for arriving at the conclusion whether the provision is directory or mandatory. The majority judgment thereafter referred to the statutory position and the facts of the case at hand to observe that publication of proposals was obviously to further the democratic process and to provide reasonable opportunity of being heard to those who are likely to be affected by the tax proposal. The object behind the publication was to elicit the reaction of the taxpayers, and the Board could even drop the proposal altogether if reaction of tax payers in general merited disapprobation. However, another provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd not leave it to individual notice of different officers of the State. 448. On general observations and need for public consultation in delegated legislation in Harvinder Singh and Ors. v. State of Punjab, (1979) 1 SCC 137 reference was made to a working paper presented by Professor Upendra Baxi that executive law making gives exclusive prerogative to a small cross-section of people which necessarily effects both the quality of law making as well as its social communication, acceptance and effectiveness, resulting in a highly centralised system of power. He observed that it is time that India considered desirability and feasibility of building into public law-making process a substantial amount of public participation. Mr. Justice Krishna Iyer in rather strong words in paragraph 52 and 53 observed that subordinate legislation being bureaucratic driven, even when well-meaning and well-informed, could sometimes be para-babel to local self-government. Further, doctrine of delegation in its extreme proportions is fraught with danger which we in naivety may not be fully cognizant. The system of government needs careful, yet radical restructuring, if participative and pluralistic go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. But, irrespective of how the duty to consult has arisen, it is the common law duty of procedural fairness to inform the manner in which the consultation should be conducted. Fairness is a protean concept not susceptible to much generalised enlargement, but its requirements in the context must be linked to the purposes of consultation. The first objective obviously is to address the common law duty of procedural fairness in determination of a person's legal right. Three other underlying purposes are: (i) that consultation results in better decisions by ensuring that the decision maker receives all relevant information and is properly tested; (ii) it avoids the sense of injustice which the person who is the subject of the decision will otherwise feel; and (iii) it is reflective of democratic principle at the heart of our society. At the same time, it was observed that the degree of specificity with which the public authority should conduct its consultation exercise may be influenced by the identity of those it is consulting and the effect which the proposal has. In a given case, it may also include information relatable to arguable yet discarded alternative options, though ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statutory proposals. These principles reflect the basic requirements essential if the public consultation process is to be sensible and meaningful. They would normally form the basis and foundation for proper application of the duty to consult and right to be consulted. Nevertheless, these principles should not be put in a strait-jacket and the degree of application would depend upon the factual matrix and is situation specific. In United Kingdom grant of relief is now covered by Criminal Justice and Courts Act, 2015 which defines the circumstances in which the court must refuse relief. One of the grounds is when it appears to the court that it is highly unlikely that the outcome for the applicant would have been substantially different if the conduct complained of had not occurred. However, the court may not apply the 'no difference test' where it considers it appropriate to do so for exceptional public interest. There are similar principles relating to undue delay in making a claim for judicial review; extent of sufficient interest of the claimant; whether or not no harm is suffered or prejudice is caused by an unlawful act; the courts' discretion not to provide a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion (3) to Section 10, can prepare a final plan and submit it to the Central Government for its approval. Sub-section (4) to Section 10 makes provisions of the Rules made in this behalf with respect to form and content of the plan(s) and the procedure binding. Consequently, the Development Rules, which are the subordinate legislation, are a part of the Development Act. The Authority, Central Government and common public are bound by the Development Rules, as they are bound to follow and abide by the Development Act. This Court in Rajasthan State Road Transport Corporation v. Bal Mukund Bairwa (2009) 4 SCC 299 (see paragraph 39) and Annamalai University v. Secretary to Government, Information and Tourism Department, (2009) 4 SCC 590 (see paragraph 42) has held that subordinate legislation when validly framed becomes a part of the main enactment. The consequence thereof clearly is that the Development Rules should be read as part and are equally enforceable as the Development Act. In this context, we would refer to Rule 4 of the Development Rules as it elucidates the form and contents of the draft Master Plan to be made public to invite objections, suggestions and representations. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the iconic and historical Central Vista. The citizenry clearly had the right to know intelligible details explaining the proposal to participate and express themselves, give suggestions and submit objections. The proposed changes, unlike policy decisions, would be largely irreversible. Physical construction or demolition once done, cannot be undone or corrected for future by repeal, amendment or modification as in case of most policies or even enactments. They have far more permanent consequences. It was therefore necessary for the Respondents to inform and put in public domain the redevelopment plan, layouts, etc. with justification and explanatory memorandum relating to the need and necessity, with studies and reports. Of particular importance is whether by the changes, the access of the common people to the green and other areas in the Central Vista would be curtailed/restricted and the visual and integrity impact, and proposed change in use of the iconic and heritage buildings. 454. In Hanuman Laxman Aroskar v. Union of India, (2019) 15 SCC 401 on the question of public consultation in the case of environment clearance had observed: 112.8... Public consultation cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter and spirit keeping the interest of the public of Delhi in mind. 456. In R.K. Mittal v. State of Uttar Pradesh, (2012) 2 SCC 232 this Court dealing with the action taken by the development authority and the allegation that it was not in conformity with the Master Plan, the Regulations and the statutory enactment, this Court observed: 49. The Development Authority is inter alia performing regulatory functions. There has been imposition of statutory duties on the power of this regulatory authority exercising specified regulatory functions. Such duties and activities should be carried out in a way which is transparent, accountable, proportionate and consistent. It should target those cases in which action is called for and the same be exercised free of arbitrariness. The Development Authority is vested with drastic regulatory powers to investigate, make Regulations, impute fault and even to impose penalties of a grave nature to an extent of cancelling the lease. The principles of administrative justice squarely apply to such functioning and are subject to judicial review. The Development Authority, therefore, cannot transgress its powers as stipulated in law and act in a disc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed scheme under the Trust Act, the Development Authority could not have dispensed with the procedure prescribed Under Section 50 of the Adhiniyam. 459. More direct and relevant is the decision in Syed Hasan Rasul Numa v. Union of India (1991) 1 SCC 401 in which this Court had interpreted Section 44 of the Development Act requiring issue of public notice inviting objections to the proposed modifications in the Master Plan. On the aspect of consideration of objections, reliance was placed on the affidavit filed by the Secretary of the Authority stating that the objections were transmitted to the Central government for consideration as in the case it was the Central Government alone that was competent to consider the objections received from the interested persons. However, it was held that in the absence of any discussion in the minutes of the meeting it was difficult to accept that objections of the Appellant before this Court like other objections were considered by the Central Government. Accordingly, the High Court was in error in assuming that no prejudice has been caused to the persons who had filed objections and suggestions. On the question of consideration of the objectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions and suggestions from persons with respect to the proposed modification before the date specified in the notice. This is to give an opportunity to persons who are likely to be affected by the modification of the Plan to file objections and suggestions. Indeed, the interested persons or the persons who are likely to be affected have a right to file their objections and representations within the time specified. They have further right to have the objections considered by the competent authorities. In order to effectuate these rights, the prescribed means of publication must be faithfully followed giving the persons clear notice as specified in the statute. The provision providing such notice to persons whose rights or interests are likely to be impaired must always be considered as mandatory. As otherwise, it would defeat the very purpose of giving public notice inviting objections and suggestions against the proposed action. In the said case, only one out of three means for publication provided in Section 44 was adopted, which it was observed falls short of the mandatory requirement. The public notice was therefore quashed with costs. This decision would be also relevant whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as been substantially complied with notwithstanding the non-compliance of the directory requirements. Mandatory Directory Provisions, Principles of Statutory Interpretation, Justice G.P. Singh, 14th Edition, page 430. 461. Principles to determine the effect of failure to comply with statutory requirements has been noted in De Smith's Judicial Review De Smith's Judicial Review, 8th Edition, page 274 as follows: 5-062 In order to decide whether a presumption that a provision is mandatory is in fact rebutted, the whole scope and purpose of the enactment must be considered and one must assess the importance of the provision that has been disregarded, and the relation of that provision to the general object intended to be secured by the Act . In Assessing the importance of the provision, particular regard should be given to its significance as a protection of individual rights; the relative value that is normally attached to the rights that may be adversely affected by the decision, and the importance of the procedural requirement in the overall administrative scheme established by the statute. Breach of procedural or formal Rules is likely to be treated as a mere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them as unnecessary or not mandated. 463. Deliberative democracy accentuates the right of participation in deliberation, in decision-making, and in contestation of public decision-making. Contestation before the courts post the decision or legislation is one form of participation. Adjudication by courts, structured by the legal principles of procedural fairness and deferential power of judicial review, is not a substitute for public participation before and at the decision-making stage. In a republican or representative democracy, citizens delegate the responsibility to make and execute laws to the elected government, which takes decisions on their behalf. This is unavoidable and necessary as deliberation and decision-making is more efficient in smaller groups. The process requires gathering, processing and drawing inferences from information especially in contentious matters. Vested interests can be checked. Difficult, yet beneficial decisions can be implemented. Government officers, skilled, informed and conversant with the issues, and political executive backed by the election mandate and connected with electorate, are better equipped and positioned to take decisions. This en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n aspect highlighted with reservations in earlier judgments of this Court See paragraphs 10 and 23 of this judgment .. Traditionally this has passed judicial acceptance for several reasons, including exercise of keen legislative oversight over the executive agencies thereby ensuring integrity of the collective rule. This concern can be however addressed by adopting good governance principles, or by way of legislative mandate in the enacted statutes, Rules and Regulations. In fact, we have several legislations which mandate pubic participation in the form of consultation and even hearing, with an objective that the decisions and policies take into account people's concerns and opinions. Public participation in this manner is more direct and of a higher order, than primary legislations enacted by elected representatives. 465. However, delegation of the power to legislate and govern to elected representatives is not meant to deny the citizenry's right to know and be informed. Democracy, by the people, is not a right to periodical referendum; or exercise of the right to vote, and thereby choose elected representatives, express satisfaction, disappointment, approve or disapp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat with the aim of framing policies and strategies for conservation, appropriate action plans may be prepared by all the agencies. These should include promotion of conservation of the civic and urban heritage, architecturally significant historical landmarks, living monuments, memorials and historical gardens, riverfront, city wall, gates, bridges, vistas, public places, edicts and the ridge. Paragraph 10.3 of the Master Plan, which relates to heritage zones, reads: Heritage Zone is an area, which has significant concentration, linkage or continuity of buildings, structures, groups or complexes united historically or aesthetically by plan or physical development. The following areas have been identified as Heritage Zones as indicated in the Zonal Plan: (ii) Specific heritage complex within Lutyens Bungalow Zone. xx xx xx Paragraph 10.5 of the Master Plan reads: Each local body/land owning agency should formulate Special Development Plans for the conservation and improvement of listed heritage complexes and their appurtenant areas. Alternation or demolition of any listed heritage building is prohibited without the prior approval of the Competent Authority. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t heritage is generally perceived to be in long term interest of the society. On the question of identifying heritage properties, specific reference is made to the Parliament House at New Delhi being a building associated with historical events, activities or patterns. Reference is also made to the model building by-laws of 2016 which have specific provisions relating to heritage buildings, heritage precincts and natural feature areas identical to the unified building by-laws as applicable to Delhi. The process of identification of heritage buildings is determined by three concepts, namely, significance, integrity and context and observes as under: Significantly, the handbook on the basis of criteria identifies Rajpath in Lyutens' New Delhi as a heritage building/precinct because of its distinct town planning features like squares, streets and avenues. 470. While the Respondents have claimed that modifications to the Master Plan of Delhi would not result in change in character of the plan, a reading of the notice inviting tenders published by the Central Public Works Department inviting design and planning firms for the Development/Redevelopment of Parliament Buildi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i.e. the DDA) is authorised to do or otherwise. Sub-section (3) to Section 11A mandates that the Authority or the Central Government, as the case may be, shall publish a notice as per prescribed Rules inviting objections/suggestions from any person with regard to the proposed modification before a specified date and that the Authority or the Central Government shall consider all the objections/suggestions that may be received. Thus, Sub-section (3) to Section 11-A proceeds on the distinction between the power conferred on the Authority and the Central Government Under Sub-sections (1) and (2) of Section 11-A of the Development Act. It states that the objections and suggestions can be received by the Authority or the Central Government. Sub-section (4) to Section 11-A states that every modification shall be published in the manner as the Authority or the Central Government, as the case may be, shall specify and the modification shall come into operation on the date of publication or such other date as the Authority or Central Government may fix. Sub-section (5) to Section 11-A states that where an Authority makes modifications to the plan Under Sub-section (1), it shall report to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicable to modifications Under Sub-section (1) to Section 11-A. Secondly, the Central Government in the present case has not passed an order Under Sub-section (6) to Section 11-A of the Development Act. 474. The Respondents in the consolidated affidavit dated 24th July 2020 have pleaded that there is no change in the character of the plan, i.e. the Master Plan, and the Zonal Development Plan for Zone D and C. Accordingly, contrary to the Notification dated 20th March, 2020 which specifically refers to the Central Government exercising power Under Sub-section (2) to Section 11A, they have relied upon Sub-section (1) to Section 11A. Relevant portion of the consolidated affidavit of the Respondents reads: No Change in the Character of Plan 39. it is submitted that change in land use is in the direction of aligning the existing land use with the proposed Central Vista Development/Redevelopment Plan and it is not going to alter any fundamental character or historicity of this area. It is only a readjustment/reorganization of the Central Government Ministry offices. The present District Park area of 9.5 acre has been compensated by providing 5.64 acre in D Zone (Central Vista) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and (2) of Section 11-A, it is stated as under: 23. In light of the above, it is unequivocally submitted that the present process culminating in to the notification dated 20.03.2020, is issued Under Sub-section 2 of Section 11-A the DDA Act. It is submitted that as stated above, the power of the Central Government Under Sub-section 2 are untrammelled and uninhibited by the conditionalities of Sub-section 1. It is submitted that following language in the present impugned notification represents a clear application of mind by the Central Government to the material presented by the specialised body and therefore, is clearly a decision taken after due consideration and after due analysis of the material. The said part of the notification dated 20.03.2020 is as under: S.O. 1192(E).--Whereas, certain modifications which the Central Government proposed to make in the Master Plan for Delhi-2021/Zonal Development Plan of Zone-D (for Plot No. 02 to 07) and Zone-C (for Plot No. 08) regarding the area mentioned here under were published in the Gazette of India, Extraordinary, as Public Notice vide No. S.O. 4587(E) : dated 21.12.2019 by the Delhi Development Authority in accordance with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n paragraph 51 below. Faced with this situation in the written submissions filed by the Respondents, a different version has been given in the list of dates and events, wherein it has been stated as under: 06.02.2020 - A background note was placed by the L DO in response to the objections raised. Note 1: It is clear that the L DO being the Central Government, at this stage, applied its mind to the objections and suggestions made before the DDA. This assertion in the list of dates is not supported by an affidavit on record. It would be hypothetical and incongruous to accept that L DO had applied its mind to the objections and suggestions even before the public hearing, and therefore, the court should assume that the Central Government had considered the objections and suggestions. The stands would fall foul of duty to follow procedural fairness and legitimate expectation expected from a public authority required to comply with the statutory duty of consultation in the decision making process. Final decision must be conscientiously and objectively taken by the competent authority post the hearing. This plea must be reject, as the public hearing was slated on 6th and 7th of F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment Act, 1957, empowers the Authority to make proposed changes under consideration. Vice-Chairman DDA further corroborated this and stated that only after being satisfied that the Authority is competent Under Section 11(A)(1) of the Act, that the proposal has been considered and submitted for Authority's approval. Clearly, therefore, the Authority and the Central Government were of the view that Sub-section (1) to Section 11-A would apply and the procedure as applicable should be followed, but notwithstanding objections and challenge no order Under Sub-section (6) to Section 11-A of the Development Act was passed. Indeed, if there had been an order Under Sub-section (6) to Section 11-A, it would have been filed as part of the pleadings with liberty to the Petitioners to challenge the same in accordance with law which would include unreasonableness as covered by Wednesbury principles. Sub-section (6) to Section 11-A of the Development Act in our opinion are mandatory. Sub-sections (1) to (6) to Section 11-A envision the Authority and the Central Government as two separate and distinct authorities with limited and broader powers for 'legislating' proposals for modific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ules, 1959. Therefore, the modification of the Plan as per Section 11-A of the Development Act has to be done as per the procedure prescribed by the Development Rules and not de hors these rules. As per Rule 15, Rules 5 to 11 relating to the Master Plan apply mutatis mutandis to the Zonal Development Plan. There are several good reasons why this interpretation is more acceptable and should be adopted. b. In Superintendent and Legal Remembrancer, State of West Bengal v. Corporation of Calcutta AIR 1967 SC 997, a nine judges bench of this Court had held that the interpretative tool of necessary implication can be drawn when it would hamper the working of the statute or would lead to the anomalous position that the statute may lose its efficacy. It is also well settled that provisions have to be read harmoniously to effectuate them and give effect to the legislative intention. In the present case, the said interpretative tool of necessary implication would apply as modifications, which can be major or substantive in nature as in the present case, should follow and comply with Rules 4, 8, 9 and 10 of the Development Rules. Otherwise, an anomalous position would arise permitting modi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Weaker Sections Welfare Association v. State of Karnataka, (1991) 2 SCC 604 this Court struck down a notification issued under the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 which had rescinded the original notification and had thereby reduced the slum area. After referring to earlier decisions, it was observed that Section 21 of the General Clauses Act would apply as there was nothing in the subject matter, context or effect of the concerned provision so as to be inconsistent with the application of Section 21 as the procedure for issue of notification had required and could be exercised only after hearing the affected parties. It was held that the amendment and redeclaration would also require the same procedure to be followed. The Rule of personal hearing, it was observed, was incorporated to protect every citizen against arbitrary power of the State or its officers and is mandated by law as it is the duty of the State to act judicially. d. Doctrine of contemporanea expositio is applicable as the Respondents have in the past followed and applied Development Rules 4, 8, 9 and 10 while considering proposals for modification of plan (s) Under Section 11-A of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... special application in planning law. Recently, this Court in State of Jharkhand v. Brahmputra Metallics Limited Civil, Appeal No. 3860 of 2020 decided on 1st December 2020 has elaborately referred to the doctrine of legitimate expectation by referring to the English Law, some of which has been quoted below, to observe that in Indian jurisprudence there appears certain doctrinal confusion which needs to be corrected. The doctrine means that the public authorities should be held bound by the representations since citizens continue to live their lives based on the trust they repose in the State. When public authorities fail to adhere to their representations without providing adequate reasons, it violates the trust reposed by the citizens in the State. The basis of the doctrine of legitimate expectation is reasonableness and fairness, the denial of which may amount to abuse of power. The remedies against public authority must also take into account the interest of general public which the authority seeks to promote. There is denial of legitimate expectation when in a given case it amounts to denial of a right that is guaranteed, or is arbitrary, discriminatory, unfair or biased or g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authority, has the right to change the existing policy unless such change is hit by Wednesbury principle of unreasonableness, etc.. Therefore, normally substantive legitimate expectation rarely results in a relief unless there is a specific undertaking directed to a particular individual or a group by which the relevant policy's continuance is assured. Even in such cases, substantive promise cannot be binding if it is ultra vires or inconsistent with the statutory duties imposed on the authority. The third category of legitimate expectation is related to the second and was described in Bhatt Murphy's case as 'secondary case of procedural expectation' which applies in situations where, without any express promise, the public authority has established a policy substantially affecting a person or persons who have reasonably relied on its continuance, can well claim a right to present their views and contest the proposed change before it is withdrawn. In the present case, we are not concerned with the second and third category but with the first category, i.e. procedural legitimate expectation. This principle has often been applied when there is lack of consultation whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uashed, and reconsidered according to law. 479. We have referred to the principle of procedural legitimate expectation only to reinforce our interpretation of Rules 4, 8, 9 and 10 on their applicability to modification of the Plan Under Section 11-A of the Act as legitimate expectation comes into play when there is no statutory requirement. If there is a breach of statutory requirement then the breach itself can be made subject matter of the proceedings. Legitimate expectation comes into play when there is a promise or a practice to do more than that which is required by the statute. This is also the view expressed in 11th Edition of Administrative Law (H.W.R. Wade and C.H. Forsyth) at page 458 that doctrine of legitimate expectation thus extends the procedural protection that would otherwise be applicable; it enhances but does not replace the duty to act fairly. 480. The core issue in the present case is whether or not the Respondents have performed their duty to consult the public, followed the prescribed procedure and the authority competent had acted to modify/amend, in terms of the Development Act and the Development Rules. We are not concerned with the merits of the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h February, 2020, as it did not give reasonable time for preparing and appear in person for the hearing. It may be noted here that the Respondents have also stated that the emails were also sent on 3rd and 4th February, 2020 to 1292 objectors on the e-mail addresses provided by them. Only forty-two (42) persons had appeared before the Board of Enquiry and Hearing on the two dates. 482. As per the writ Petitioners, the public notice dated 3rd February, 2020 was published in the newspapers on 5th February, 2020. It is also stated that the emails with regard to public hearing on 6th and 7th February, 2020 were received in the evening on 4th February, 2020 and afternoon of 5th February, 2020 which hardly gave them any time to make it convenient to appear and present their views after due preparation. The contention of the writ Petitioners is that this denied and prevented them from making full and proper representation at the time of oral hearing. Notice, therefore, gave no option to those who had submitted their objections/suggestions except to cancel and forego their prior arrangements and also make their travel arrangements, which in several cases was not possible. The Petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Petitioners press that these provisions in the Tender Notices and Development Plans demonstrate that the Committee performs public functions akin to those performed by statutory bodies, and hence principles of administrative decision making are applicable. Zonal Development Plans are statutory and binding. They are formulated by a quasi-legislative exercise. 485. As per the minutes of the meeting on 9th March, 2020, the following observations were made by the Committee: The representatives of L DO and HCP presented the proposal of change of land use to the Central Vista Committee. The list of members attending the meeting is at Annexure. Mr. Divya Khush, Member, CVC and President I.I.A. vide his message requested to read his views communicated by him to the committee. The same were read out by Member Secretary to all the members of the Committee in the meeting. The Committee was of the view that the proposal placed for discussion was for change of land use only. After detailed deliberation the Committee decided to accord approval in principle as the process of change of land use had been taken up by the competent authorities. Accordingly, the final approval of change ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the presence and participation of representatives of professional bodies is apparent and hardly needs any argument. This was notwithstanding that the project in question is extremely significant and of great importance for the Central Vista Committee. The project is the most extensive re-development process ever undertaken in the Central Vista. Further, the approval granted to the proposed new Parliament building does not record the deliberations that took place or any reasons, even as the mandate of the Central Vista Committee is pivoted and required to study and advise. The writ Petitioners along with the written submissions have filed copies of several minutes of the Committee relating to other projects like National War Museum and the Delhi High Court Underground Car Parking which demonstrate that detailed assessment is usually undertaken by the Committee, which is clearly lacking in the present case. 487. The Unified Building Bye-laws of Delhi, 2016, issued by the Authority Under Section 57 of the Development Act, vide paragraph 2.3.3 refers to need for prior approval/no objections from external agencies including Heritage Conservation Committee and 7.26 states that provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd/or aesthetic and/or cultural and/or environmental and/or ecological purpose. Such space may be enclosed by walls or other boundaries of a particular area or place or building or by an imaginary line drawn around it. Xx xx xx 1.2 Responsibility of the Owners of Heritage Buildings: It shall be the duty of the owners of heritage buildings and buildings in heritage precincts or in heritage streets to carry out regular repairs and maintenance of the buildings. The Government, the Municipal Corporation of Delhi or the Local Bodies and Authorities concerned shall not be responsible for such repair and maintenance except for the buildings owned by the Government, the Municipal Corporation of Delhi or the other local bodies. 1.3 Restrictions on Development/Re-development/Repairs etc. (i) No development or redevelopment or engineering operation or additions/alterations, repairs, renovations including painting of the building, replacement of special features or plastering or demolition of any part thereof of the said listed buildings or listed precincts or listed natural feature areas shall be allowed except with the prior permission of Commissioner, MCD, Vice Chairman DDA/Chai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an NDMC on the advice of the Heritage Conservation Committee. Before being finalized, objections and suggestions of the public are to be invited and considered. The said list to which the Regulation applies shall not form part of this Regulation for the purpose of Building Bye-laws. The list may be supplemented from time to time by Government on receipt of proposal from the agency concerned or by Government suo moto provided that before the list is supplemented, objections and suggestions from the public be invited and duly considered by the Commissioner, MCD/Vice-Chairman DDA/Chairman NDMC and/or Government and/or Heritage Conservation Committee. When a building or group of building or natural feature areas are listed it would automatically mean (unless otherwise indicated) that the entire property including its entire compound/plot boundary along with all the subsidiary structures and artifacts, etc. within the compound/plot boundary, etc. shall form part of list. 1.6 Alteration/Modification/Relaxation in Development Norms: On the advice of the said Heritage Conservation Committee to be appointed by the Government and for reasons to be recorded in writing, the Commissioner, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... guidelines: if any, prescribed for respective zones by DDA/NDMC/MCD. 1.11 Restrictive Covenants: Restrictions existing as on date of this Notification imposed under covenants, terms and conditions on the leasehold plots either by Government or by Municipal Corporation of Delhi or by Delhi Development Authority or by New Delhi Municipal Council shall continue to be imposed in addition to Development Control Regulations. However, in case of any conflict with the heritage preservation interest/environmental conservation, this Heritage Regulation shall prevail. 1.12: Grading of the Listed Buildings/Listed Precincts: Listed Heritage Buildings/Listed Heritage Precincts may be graded into three categories. The definition of these and basic guidelines for development, permissions are as follows: Listing does not prevent change of ownership or usage. However, change of use of such Listed Heritage Building/Listed Precincts is not permitted without the prior approval of the Heritage Conservation Committee. Use should be in harmony with the said listed heritage site. Grade-I Grade-II Grade-III (A) Definitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Development permission for the changes would be given on the advice of the Heritage Conservation Committee. All development in areas surrounding Heritage Grade-II shall be regulated and controlled, ensuring l that it does not mar the grandeur of, or view from Heritage Grade-II Heritage Grade-III comprises building and precincts of importance for townscape; that evoke architectural, aesthetic or sociological interest though not as much as in Heritage Grade-II. These contribute to determine the character of the locality and can be representative of lifestyle of la particular community or region and may also be distinguished by setting, or special character of the fa ade and uniformity of height, width and scale. Heritage Grade-III deserves intelligent conservation (though on a lesser scale than Grade-II and special protection to unique features and attributes) Heritage Grade-III deserves intelligent conservation (though on a lesser scale than Grade-II and special protection to unique features and attributes). Internal changes and adaptive re-use may by and large be allowed. Changes an include ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... field. Member (vi)Natural historian having 10 years experience in the field. Member (vii)Chief Planner, Town Country Planning Organization Member (viii) Chief Town Planner, MCD Member (ix) Commissioner (Plg.), DDA Member (x) Chief Architect, NDMC Member (xi)Representative of DG, Archeological Survey of India Member (xii)Secretary, Delhi Urban Art Commission Member Secretary (xiii)The Committee shall have the power to co-opt up to three additional members who may have related experience. (xiv)The tenure of the Chairman and Members of other than Government Department/ Local Bodies shall be three years. 490. By notification dated 1st October 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Central Vista will continue to be applicable. (iv)....... 492. Annexure-II of the Unified Building Bye-Laws for Delhi and paragraph 10 of the Master Plan of Delhi relating to the conservation of built heritage have to be read together and harmoniously. Clause (5) of paragraph 10 of the Master Plan of Delhi, as noticed above, the local authority or land owing agency has been entrusted with the task to prepare special conservation plans in respect of specific heritage complex within the Lyutens' Bungalow Zone and other heritage zones as indicated in the Zonal Plan. This is a statutory mandate of the Master Plan. This task cannot be delegated to a third person or an architect, though it is possible to take opinions and advice for preparation of the special conservation plans. Unfortunately, neither the local body nor the land owing agency has formulated conservation plans/schemes for the specific heritage complex and appurtenant areas. The Petitioners are right in their contention that when the statute requires each local authority or land-owning agency to formulate a special conservation plan for conservation and improvement of listed heritage complexes and appurtenant a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n, NDMC. Further, before granting such permission, the agency shall consult the Heritage Conservation Committee and act in accordance with the advice of the Heritage Conservation Committee. In exceptional cases, for reasons to be recorded in writing, the authority, including Vice Chairman, Authority, and Chairman, NDMC may remit the matter to the Heritage Conservation Committee for its re-consideration. Decision of the Heritage Conservation Committee after such re-consideration is final and binding. The Heritage Conservation Committee before granting any permission for demolition, or major alterations/additions to the listed buildings or even buildings within the listed streets/precincts etc. is required to invite suggestions/objections from the public and consider them. Therefore, public participation is mandated and required to be undertaken by the Heritage Conservation Committee for demolition or major alteration/addition. Paragraph 1.6 states that on advice of the Heritage Conservation Committee and for reasons to be recorded in writing the Commissioner/Vice Chairman/Chairman of Municipal Committee/Authority/NDMC shall follow the procedure as per the Development Act to alter, m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore continue to apply to the Central Vista area, which falls within the LBZ. In addition the restrictions under Annexure II of the Unified Building Bye-Laws apply. Paragraph 1.12 states that the heritage buildings/listed heritage precincts would be divided into three categories, namely Grade I, Grade II and Grade III. The stipulations regarding Grade-I are the strictest and the most stringent. Paragraph (c) relating to Grade I states that no interventions will be permitted either on exterior or interior of the heritage building or natural features unless it is necessary for strengthening and prolonging the life of the building or precincts. Only when absolutely essential minimal changes would be allowed in conformity with the original. Further, all changes require development permission which can be granted only on the advice of the Heritage Conservation Committee. As per Clause (e), development in the area surrounding the heritage Grade-I is regulated and controlled ensuring that it does not mar the grandeur or view from heritage Grade-I. 495. The notice inviting bids for appointment of a consultant had stated: 3. Objectives of Bid Documents The objective of this bid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Singh v. Union of India (2016) 9 SCC 20, Public Interest Foundation v. Union of India (2019) 3 SCC 224 and Dhani Sugar and Chemicals Ltd. v. Union of India (2019) 5 SCC 480). There is no provision for deemed or in principle permission/approval/no objection certificate of the Heritage Conservation Committee. In fact no such plea of deemed approval/permission is raised by the Respondents. 497. As noticed previously, the Technical Committee of the Authority in its meeting held on 5th December, 2019 while examining the proposal had, inter alia, stated that steps would be taken to seek approval of the Heritage Conservation Committee. However Heritage Conservation Committee was never moved to secure approval/permission. No approval/permission has been taken. The Respondents in the written submissions have stated that the permission or approval from the Heritage Conservation Committee would be sought as and when the stage reaches for the same as the same may not be pre-requisite for the purposes of change in land use . The use of the word 'may' itself reflects the doubt in the mind of the Respondents, whereas the Technical Committee had not expressed any doubts and was firm t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e I for Annexure II is being examined separately). Further, if the interpretation as put forward by the Respondents, including the NDMC, is to be accepted, then as a sequitur it follows that construction or development can take place in a vacant plot adjacent to or adjoining the Grade-I building. This interpretation appears unacceptable as it is contrary to the express stipulations in the Master Plan and the Unified Building Bye-Laws. It would also lead to unintended consequences and would be incompatible with the purpose and objective of these two legislations, a relevant principle when we interpret provisions in case of doubt or ambiguity. This is our tentative view, as it is for the Heritage Conservation Committee to opine on 'includes such portion of land adjoining such building and part thereof as may be required for fencing or covering or in any manner preserving the historical and/or architectural and/or aesthetic and/or cultural value of such building'. 500. The Parliament House, National Archives, North Block, South Block, as well as the Central Vista precincts have been specifically graded as Grade-I buildings and, therefore, under different Clauses of Annexure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ater bodies, etc. and it is important that any new addition/intervention is sensitive to and respects the character of the area. Accordingly, it is submitted that the buildings with the President Estate, North Block and South Block, Parliament House and campus and National Archives and campus are Grade-I buildings. Other buildings like Nirman Bhawan, Udyog Bhawan, Rail Bhawan, Krishi Bhawan and Vayu Bhawan etc. are not expressly included in the heritage list. The Petitioners would submit that the affidavit is ambiguous as it does not identify the area falling within the Central Vista precincts, which in addition to other heritage buildings, has been classified as Grade I. Moreover, the INTACH report has not been filed and no details have been furnished. Petitioners have referred to several INTACH reports, which reflect that the Central Vista Precincts would include plot No. 118. 502. Ms. Ruby Kaushal, Member Secretary of the Heritage Conservation Committee, has referred to Clause 2.3.3 (c) of the Unified Building Laws which states that all external agencies shall prepare colour-coded maps with information on specific areas where approval/NOC is required and these maps shall b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vista Precincts by the project proponent itself namely CPWD and the Delhi Urban Arts Commission, which is a statutory body, clearly indicate the extent and boundaries of the Central Vista precincts/area, which does include the Parliament House and plot No. 118. In the aforesaid background, the contention of the Respondents as to demarcation of the area of the precincts in the Central Vista precincts at Rajpath prima facie appears to be erroneous and wrong. Parliament House and plot No. 118 are apparently a part of the Central Area Precincts. Definitions of 'heritage building' and 'heritage precincts' in Clauses (a) and (b) of paragraph 1.1.1. also support this view and interpretation. However, we need not finally pronounce on this aspect as the Heritage Conservation Committee has the jurisdiction and authority to examine and decide this aspect after ascertaining facts and details. As per paragraph 1.5, the list of Heritage Sites is to be prepared by the Chairman NDMC on the advice of the Heritage Conservation Committee. In terms of Annexure II, the Heritage Conservation Committee should examine and decide any dispute relating to boundaries of the Heritage Precincts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Building and Construction projects/Area Development projects. 507. The distinction between 8(a)-Building and Construction projects and 8(b)-Townships and Area Development projects lies in the expanse of the built-up area of the proposed project. Projects with the built up area falling between 20,000 sq. m. to 1,50,000 sq. m. would be categorised as 8(a)-Building and Construction projects. Projects with built up area above 1,50,000 sq. m. are categorised as 8(b) -Townships and Area Development projects. The term 'built up area' has been defined to mean the built up or covered area on all the floors put together including its basement and all other service area, which are proposed in the building or construction projects. 508. Central Public Works Department as the project proponent in the original Form No. 1 had declared: 1.1.1 Basic Information S.No. Item Details 3 Proposed capacity/area/ length/ tonnage to be handled/command area/ lease area/ no. of wells to be drilled Existing Plot: Plot 116 Plot area: 10.75 acres (43,505 m2) Built- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ils thereof (with approximate quantities/rates, wherever possible) with source of information data 9.1 Lead to development of supporting facilities, ancillary development or development stimulated by the project which could have impact on the environment e.g.: supporting infrastructure (roads, power supply, waste or wastewater treatment, etc.) housing development extractive industries supply industries, (other) No 9.2 Lead to after-use of the site, which could have an impact on the environment No This is the most appropriate and suitable site. 9.3 Set a precedent for later developments No 9.4 Have cumulative effects due to proximity to other existing or planned projects with similar effects No 509. On the aspect of parking needs, it was stated that parking requirement shall be taken care of on an adjoining plot due to security reasons. 510. Along with the revised application, the project ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct when it is only one part of the proposed redevelopment of the Central Vista heritage precinct. The treatment of the Parliament expansion as a separate project violates the MoEFCC's OM dated (No. J-11013/41/2006-IA.II (I)) for 'consideration of integrated and inter related projects for grant of environmental clearance'. The current application is in complete disregard of the requirements of this OM. The application contains false and misleading information stating that the project will have no cumulative effects due to proximity to other existing or planned projects with similar effects , that there will be no significant impacts on ecology and public space, and on areas protected under conventions or legislations for their ecological, landscape, cultural or other values. The application is full of subjective responses to questions of scale and duration of various impacts that are likely to be caused by the proposed construction. These can only be treated as opinions because there are no studies or detailed assessments to support the application. The application for environment clearance must be set aside due to pending litigation on the land use ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her buildings proposed in the Central Vista are distinct. Pointwise reply by the Central Public Works Department, reads: a. Parliament and Central Vista EC segregation: i. Integrated and inter-related projects are those projects without which the necessary functional outcome of the proposed project cannot be achieved. For example, such projects would include a captive power plant attached to a coal mine, or a jetty attached to a Liquid Natural Gas (LNG) terminal. ii. The proposed Parliament Building essentially carries out Legislative functions, which is separate from Executive Functions to be carried out in other office buildings and therefore, cannot be considered as an integrated and inter-related project vis- -vis the other proposed central vista buildings for the simple reason that it can definitely operate independently of the other structures. iii. The Parliament is headed by the Honorable Vice-President of India for the Rajya Sabha and the Honorable Speaker of the Lok Sabha, not the executive. It has its own secretariat. The end users are therefore very different. iv. The redevelopment of the other Central Vita buildings is a distinct activity as opposed to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... transplanted will be sent to holding nurseries for the time being. Thereafter, these will be moved to Plot 118 as part of the external site development. Trees that cannot be accommodated within Plot 118 will be transplanted within the Central Vista area. The above details have been represented with the MoEF CC. Requisite permissions for transplanting of trees will be secured from the Competent Agencies. iii. There will be no significant impacts on public spaces whatsoever due to the proposed Parliament expansion. This is so because Plot 118, which is adjacent to Plot 116 on which the existing Parliament stands, currently houses parking, ancillary services and a reception to the Parliament House since about four decades. The reception was built in 1976 and utilities such as the AC chiller plant were built in 1981-82 whilst the sub-station was built in 1974, since it was not possible to accommodate these facilities within Plot 116. As the entire area is a high security zone, it could never be utilized as a District Park for recreational use. 514. Thereupon, the EAC had proceeded to record its conclusion and findings, which read: 50.3.7.5. Based on the information and clarif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ional Bench decision of this Court in Dheeraj Lal and Girdhari Lal v. Commissioner of Income Tax, AIR 1955 SC 271). Some reasons at least in brief to understand what had weighed and persuaded the authority is mandated and required. One issue certainly raised that required an answer was the question of slicing or inclusion. We are unable to fathom and ascertain reasons or the findings recorded on this aspect. 516. In S.N. Mukharji v. Union of India AIR 1990 SC 1984, observations in Siemens Engineering Manufacturing Co. of India Ltd. v. Union of India and Anr. (1976) 2 SCC 981 were quoted to hold that administrative authorities and tribunals exercising quasi-judicial function can justify their existence and carry credibility with the people by inspiring confidence in the adjudicatory process. Unless reasons are disclosed, it is not possible to know whether the authority had applied its mind or not. Also giving of reasons minimises chances of arbitrariness. It is an essential requirement of Rule of law that some reasons at least in brief must be disclosed in a judicial or quasi-judicial order even if it is an order of affirmation. Similar observations have been made in Chairman, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Dudley) Ltd. v. Crabtree [1974 ICR 120 (NIRC)] it was observed: Failure to give reasons amounts to denial of justice. Reasons are live links between the mind of the decision-taker to the controversy in question and the decision or conclusion arrived at. Reasons substitute subjectivity by objectivity. The emphasis on recording reasons is that if the decision reveals the inscrutable face of the sphinx , it can, by its silence, render it virtually impossible for the courts to perform their appellate function or exercise the power of judicial review in adjudging the validity of the decision. Right to reasons is an indispensable part of a sound judicial system, reasons at least sufficient to indicate an application of mind to the matter before court. Another rationale is that the affected party can know why the decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking-out. The inscrutable face of a sphinx is ordinarily incongruous with a judicial or quasi-judicial performance. 517. Faced with the aforesaid position, it was faintly argued before us that the relevant Clause of the EIA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e mind and not to record conclusions. It must justify and give basis for its conclusions. Hanuman Laxman Aroskar, observes: 160. EAC, as an expert body abdicated its role and function by taking into account circumstances which were extraneous to the exercise of its power and failed to notice facets of the environment that were crucial to its decision making. The 2006 Notification postulates that normally, MoEFCC would accept the recommendation of EAC. This makes the role of EAC even more significant. NGT is an adjudicatory body which is vested with appellate jurisdiction over the grant of an EC. NGT dealt with the submissions which were urged before it in essentially one paragraph. It failed to comprehend the true nature of its role and power Under Section 16(h) and Section 20 of the NGT Act, 2010. In failing to carry out a merits review, NGT has not discharged an adjudicatory function which properly belongs to it. 518. The Respondent had argued that this Court can examine the question whether or not there is slicing and inclusions. We are to ascertain the legal correctness of the impugned order and not undertake an in-depth and fresh merit exercise. We are not experts. Statu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecretariat with all ministries are located at a single location for efficiency and synergy of function. In all about 51 Ministries are to be located in 10 buildings to be constructed in the Central Vista with office spaces having modern technological features and amenities. There would be an underground shuttle approximately 3 km in length that would connect and integrate all buildings. The existing Parliament House and Annexe are not being demolished; a new Parliament building is being constructed which, along with the existing buildings will form the Parliament Complex. It is stated that the Parliament House was commissioned in 1927 and over the years parliamentary activities and number of people working or visiting there have increased manifold. Parliament building was designed to house the Imperial Legislative Council and is not planned for a national legislature. Two floors were added to the structure in 1956 due to demand of more space. Library building and Annexe were added later on. The building is not designed according to the present fire safety norms and there are other safety issues. Electrical air-conditioning and plumbing systems are inadequate, inefficient and costly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same time like the North and South Blocks and the President's House. On the contrary, Annexure F to the written submissions filed by the Respondent records the state of preservation of the Parliament House as 'fair'. Heritage assessment study should be undertaken and made public. Existing Parliament building can be upgraded. (e) In alternative, expansion or additional construction rather than construction of a new Parliament can be explored. Office spaces, can be created near the official residence of the bureaucracy. (f) Cost-benefit analysis has not been undertaken though significant capital expenditure in excess of ₹ 20,000 crores apparently would be incurred. The capital cost would be higher as logistics, temporary housing cost and the cost of removal or transplantation of mature trees etc. have not been included. Assertion that expenditure of ₹ 1,000 crores per annum on account of rent etc., is unsupported by any document and is assumptive. (g) Over a period of time, there has been reduction of green area in the Central Vista, which is open and accessible to general public. The public area would get further reduced with the redevelopment pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n provide acceptable solutions to conserve and make historical buildings functional, as it has happened elsewhere. The issues raised by the Petitioners along with the stand of the Respondents have to be taken into consideration by the statutory authorities in terms of and as per the statutory mandate. Ultimately, the issue has to be decided as per law after ascertain details by professional experts. Our interference does not reflect on merits of the stands, but is on account of procedural illegalities and failure to abide the statutory provisions and mandate. 522. In view of the aforesaid discussion, while setting aside and quashing the final notification of modification/change of the land use dated 28th March 2020 in respect of the 6 plots in the Central Vista, we would direct as under: A) The Central Government/Authority would put on public domain on the web, intelligible and adequate information along with drawings, layout plans, with explanatory memorandum etc. within a period of 7 days. B) Public Advertisement on the website of the Authority and the Central Government along with appropriate publication in the print media would be made within 7 days. C) Anyone desir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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