NEW DELHI: The Supreme Court on Tuesday dismissed a plea challenging the change in user of a plot, where official residence of Vice -President will be built, on Central Vista project site from recreational to residential, saying it’s a matter of policy and court can’t interfere unless some malafide is shown in
the decision.
“In light of the challenge, a detailed affidavit has been filed. It is not the case of the petitioner that the authorities have no power to introduce such change. It is the argument of the Petitioner that since in the past it was a recreational area, it should have been retained like that. This cannot be the scope of judicial review,” a bench headed by Justice A M Khanwilkar said, adding that it is the prerogative of the authority concerned.
The top court pointed out that it is not the case of the petitioner that the change was made in a malafide manner. Appearing for petitioner Rajeev Suri, advocate Shikhil Suri said the changes were not in public interest. He contended that six acres of green area is being taken over for the same. The petitioner’s counsel said that in larger public interest, they are seeking to only protect the green and open area.
He said like ‘salami slice’, a smaller portion of land is taken and then the authority says it is compensating it. The counsel argued that the affidavit filed by the authority is vague and no green area or open area is compensated in the Central Vista region. ‘‘Is it a matter of arithmetic that if 10 metre area is taken, then 10 metre area has to be provided at other place,’’ the bench said ‘‘After having seen the affidavit, is it possible for you to say that it was done mischievously, with mala fide?’’