Petition against order permitting Central Vista construction

The petitioner - advocate Pradeep Kumar Yadav contended that permitting the construction of the Central Vista during the surging pandemic was not justifiable and wrong.

New Delhi: A petition has been filed in the Supreme Court against the Delhi High Court judgment on May 31 declining to stall the Central Vista construction and ordering the petitioner to pay Rs 1 lakh as fine.

The petitioner - advocate Pradeep Kumar Yadav contended that permitting the construction of the Central Vista during the surging pandemic was not justifiable and wrong. Further, he argued in the petition that even Courts are functioning in virtual mode since lockdown was imposed last year. Even essential service providers have switched to online mode.

In addition, the petitioner argued that workers have been traveling from Sarai Kale Khan, Kirti Nagar, Nizamuddin and Karol Bagh to reach the site. He also pointed out that in glaring contradiction to the Centre's claim, travel permits were arranged for the construction workers on April 19 as the Department Of Delhi Disaster Management Authority (DDMA) had curbed construction work amid lockdown.

Yadav also added that the Centre has not disclosed information regarding the number of workers, drivers, conductors and whether the RT-PCR test was done or not. There are no details of workers staying at the site, when accommodation was availed and number of tents. Accusing Centre of giving wrong information to the HC, the petitioner stated, recent photographs depict no tent or accommodation facility, the petitioner alleged.

Further, the petitioner pointed out lack of details regarding Covid protocol. There is no information on the procedures followed when a worker tests positive. He said that "while one of the documents placed along with the affidavit shows that samples were collected from a location at JJ Colony, Sarita Vihar, the averment in the affidavit, to the contrary, is that the RT PCR facility was provided at the project site". The insurance policy only covers hospitalization, not quarantine expenses, he added.

"News reports indicate that there was transportation of nearly 30% workers till 30th April 2021 from different places to the project site thereby increasing the risk of infection and in clear violation of the Right to Health and Life of workers, besides the threat of infection to the other citizens of Delhi at a time when there was a huge surge in the number of Covid-19 cases," read the plea.

"At a time when the city of Delhi is grappling with the virus outbreak, the impugned acts of the respondents will nullify and negate the efforts being put to control the spread of the viral infection. Compared to the larger interest of protecting the lives of people, the sanctity of date of completion of the project for construction can have no meaning, relevance or importance. The timelines within which the project is to be completed can always be extended keeping in view the on-ground situation and circumstances arising out of the pandemic," submitted the petitioner.