JUDGEMENT
A.M.KHANWILKAR,J. -
(1.)By these petition(s)/appeal(s)/case(s), we are called upon by the petitioners to undertake a comprehensive and heightened judicial scrutiny regarding the permissibility of the Central Vista Project (For short, "the Project") of the Government of India. Diverse issues concerning the decisions taken by the statutory Authorities including regarding the change in land use, grant of statutory and other permissions, environmental as well as heritage clearances etc., have been raised in these proceedings. The challenge is premised on high principles of democratic values as applicable in India and not limited to mere infringement of statutory provisions of the governing enactments. That is on account of the nature of project - being of high political significance and eminence for our democratic republic; and for upholding the "Rule of Law", which is on a higher pedestal than the governance by "Rule by Law".
OBJECTIVES OF THE PROJECT
(2.)As per the policy documents, the need for the development of the Project is rooted in the creation of a larger working space for efficient functioning of the highest legislative wing of the country and for integrated administrative block for Ministries/Departments presently spread out at different locations including on rental basis.
(3.)The Parliament House building, a Grade-I heritage structure, was commissioned in 1927 and stands as a 93 years old structure today. The structure has been subjected to various modifications in the post-independence period so as to maintain its functionality as per changing requirements. Post 1971 census wherein the total population of India was recorded as 548,159,6521, the number of seats for the House of People was fixed at 545. Today, the population has spiralled exponentially and is stated to have crossed the 130-crore mark. The next delimitation exercise, proposed to take place in 2026, is bound to result in a substantial increase in the total number of seats in both the Houses. Accordingly, enhanced and commensurate spatial requirements ought to be in place.