Imposing Exorbitant Cost Will Have Chilling Effects On Citizen’s Right To Question Acts Of Govt: Appeal In SC Against HC’s Refusal To Stay Construction At Central Vista

BACKGROUND

• The Delhi High Court had given a judgement dismissing the PIL for temporary suspension of construction work of the Central Vista.
• The judgement also imposed costs of Rupees One Lakh.
• The Petitioners Anya Malhotra and Sohail Hashmi have sought a stay on the Order as an interim relief.
• They contend that imposition of such exorbitant costs will have a chilling effect on citizens raising genuine issues of public health and importance.

WHAT HAD THE COURT SAID

• The Division Bench consisted of Chief Justice D N Patel and Justice Jyoti Singh.
• The Court said that the Government had already ensured that the workers were staying on site.
• All arrangements had been made to uphold the COVID 19 appropriate behaviour.
• The Bench also termed the Petition as a ‘motivated petition’ and not a ‘genuine public interest litigation’.

WHAT WAS THE PLEA

• The plea stated that the arguments of the Respondent were accepted at face value.
• No enquiry was made into the claims of compliance with the DDMA orders.
• Entire onus was being put on Petitioners. The High Court’s findings were unsubstantiated.
• There was credible material available which showed that construction was being carried out in violation of DDMA guidelines.
• The Petitioners were not seeking to stop the work but only put it on hold during the pandemic.

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