Central Vista Avenue redevelopment work is in consonance with the curfew restrictions orders of the Delhi Disaster Management Authority

In the matter of Anya Malhotra & Anr. vs. Union of India & Ors., W.P.(C) No. 5150/ 2021 decided on 31.05.2021 by the Delhi High Court.

Facts:

The Petitioner preferred a PIL seeking suspension of all construction activity of the Central Vista Avenue Redevelopment Project in compliance with Orders issued by the Delhi Disaster Management Authority during the subsistence of the peak phase of the pandemic.
It was primarily contended by the Petitioner that despite the issue of several orders by the DDMA restricting movements during the curfew to a certain category of individuals and for essential services, a movement pass dated 19th, April 2021 was issued, permitting vehicles engaged in development and redevelopment of Central Vista Avenue to operate during the curfew and lockdown on the ground of exigency of Government work. It was also contended that construction of the Project is not an essential activity. It was submitted that the movement of workers from various parts of Delhi to the construction site has he potential of further spreading the virus. The Petitioner further contended that the Respondents have not followed proper COVID related protocols on the construction site.
On the other hand, the State stated on affidavit that around 400 workers were engaged for the site prior to the imposition of curfew. Later only 250 workers were willing to work and their accommodation arrangements have been made on site with all measures for strict implementation of Covid protocols and behaviour. It was further contended that para 8 of the said DDMA Order indicated that construction activities where workers were residing on site were permitted. It was also contended that the movement pass was for vehicles carrying material and not construction workers.

Held:

The Delhi High Court observed that the DDMA orders in question nowhere embody any direction which prohibits construction activity, where labourers reside on site. In fact Para 8 of Order dated 19th April, 2021 clearly permits construction activity, where the labourers are residing on site, during the curfew period. The Court further relied on the affidavit filed by the Respondents to observe that no movement of workers was happening from any place in Delhi to the project site. Therefore, the Court held that there is no violation of the orders of the DDMA and the construction work shall not be suspended on that count.
The Court also observed that out of sixteen construction projects being carried out during the curfew period by different government departments, the Petitioner had selectively chosen to challenge the Central Vista avenue project which indicates ill intent and lack of bonafides on the part of the petitioner. The Court additionally observed that the project is of vital public importance and is to be completed in a time bound schedule.