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In the petition seeking suspension of work under Central Vista Project, Supreme Court today directed the petitioners to approach the Delhi High Court for an early hearing.

A Division Bench of Justice Vineet Saran and Justice Dinesh Maheshwari, while hearing the matter, observed, “We are of the opinion that since the matter is pending before the High Court, we are not inclined to enter into the merits of the case. In the given circumstance, we request Mr. Luthra to file himself or through any other counsel before the Chief Justice of the High Court on Monday (10^th May), to take up the matter as early as possible.”

Senior Counsel Mr. Siddharth Luthra appeared for the petitioners.

Solicitor General, Mr. Mehta appeared for the Union.

It was the brief submission of the learned Senior Counsel that the operations of Central Vista Project does not fall under Essential Services and can be put on hold, given to the present stage of pandemic. Reliance was placed on the DDMA order which had put restrictions on all construction work.

“Cases in Delhi have gone up from 3.57 to 30%; This is a matter which needs consideration. We are only concerned for 3 to 4 kms of stretch; We are on a stage where our healthcare system has broken down”, said the Learned Senior Counsel.

Earlier, Delhi High Court had refused to issue notice in the plea and had listed it for hearing on May 17^th.

Senior Adv. Mr. Luthra had submitted before the CJI led bench that the commutation of 150 labourers from Sarai Kale Khan to the Construction site should be stopped in the light of surge in COVID 19 cases. Accordingly, the matter was listed for an urgent hearing.

“The construction of the Project cannot be equated to an essential activity. There is no exigency whatsoever in the construction of the Project and there is no reason why the same cannot be suspended at a time when Delhi is facing an unprecedented health crisis. There is no rational basis to differentiate between workers engaged in the construction of the Project and workers engaged in any other construction work. It cannot be stated that the construction work being carried out as a part of the Project is any more essential than the construction of other public services”, the plea states.

Prayer has been made to suspend all construction activity of the Central Vista Redevelopment Project and ensure full payment of wages/release arrears of wages to workers notwithstanding such suspension.

The petition regards the said construction as “super spreading potential and threat” to the workers involved.

Case Title: Anya Malhotra v. Union of India