Top Stories[Central Vista] ‘When Final Decision Is correct, Can It Be Questioned Just Because ‘Advisory’ Body Didn’t Do Its Job Properly?’ SC Asks Sr. Ad. Sanjay Hegde Mehal Jain2 Nov 2020 9:02 AMShare This – xThe Supreme Court on Monday resumed hearing on the challenge to the Central Vista project and the government’s proposal to construct a new Parliament in Lutyen’s Delhi. A bench of Justices AM Khanwilkar, Dinesh Maheshwari & Sanjeev Khanna had earlier decided to hear the challenge on 3 issues, vis-à-vis change of land use, violations of municipal law, violations of environmental…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court on Monday resumed hearing on the challenge to the Central Vista project and the government’s proposal to construct a new Parliament in Lutyen’s Delhi. A bench of Justices AM Khanwilkar, Dinesh Maheshwari & Sanjeev Khanna had earlier decided to hear the challenge on 3 issues, vis-à-vis change of land use, violations of municipal law, violations of environmental law. Subsequently, the Court disposed off the petitions challenging change in land use of plot number 1 of the Central Vista Project, adding that it will be taken up at a later stage as the decision on its usage had not yet been taken by the Government.”Had the administrative authority given the same patient hearing that we have got before the Supreme Court, many of us would not be here. Also, a lot of paperwork which was not originally available, is now present in public domain”, began Senior Advocate Sanjay Hegde on Monday on behalf of certain petitioners.”The SG had said ‘what kind of people are these who want to stop a new Parliament building?’. We are patriotic citizens who are heritage and architecture enthusiasts. And we don’t want to stop anything. Our only concern is that if a public architecture is being built for 150-200 years, then the government must proceed in a clear, transparent manner, in accordance with the law, and ensure public participation”, he advanced.”Architects see things in terms of spaces, and this is a space which is sacred to modern India in terms of its history. So we need to appreciate the considerations relevant to the architects, the people using the space and the people sanctioning the development”, he continued.”Your Lordships had asked if the same standard would apply in case there is only an extension or a refurbishment as against when a totally new structure is being brought into existence? The Karnataka HC was built in the 1800s as a secretariat for British India. It later became a HC. In the 90s, there was a proposal to demolish it and similar questions as to heritage arose. A petition was filed but the HC upheld the proposal. It came to the SC and the SC did intervene. Finally, you had a whole new building, identical to the existing building, built into the structure and the new and the old buildings were merged together! A similar thing happened with the Delhi HC recently, where a new building has been integrated into the existing facade facing the road. There is nothing disproportionate about it. The new building reflects what the old one did!”, argued Mr. Hegde, also sharing pictures of the Delhi HC as it stands today.He took the bench through a 2017 paper on the history of the architecture of the SC of India, demonstrating the process that was followed and the efforts that were put in which resulted in the present building in 1958. He quoted that the “law banks on visual means of representation” which includes the “physical architecture of the court buildings, spacial arrangements, and even the artifacts and the paintings”, without which “justice is unrecognised”. He advanced that when the Supreme Court was built, a model was placed for public consultation. He showed a picture of the then President of India, Dr. Rajendra Prasad, examining a scale model of the Supreme Court prior to the building coming into existence. He narrated how it was deliberated whether the Supreme Court building should be in the Capital city or at a more central location, and how post detailed discussions, it came to be in Delhi.”What is the purpose of extensively going through this document?”, asked Justice Khanwilkar.”To canvass the elaborate efforts that went into constructing the SC building as it stands today, as opposed to what is being done now in context of an entire section of Delhi, which is the heart of the country”, replied Mr. Hegde.Continuing, he delved into the chronology of events that resulted in a decision on the part of the government to redevelop the Central Vista area- In view of the national importance of Central Vista and Secretariat Complex situated on Rajpath, New Delhi, the Ministry of Works Housing and Supply (Now Ministry of Housing & Urban Affairs) in 1962 felt the need for the planned development to bring the entire area under strict architectural control so that no construction or development in the area extending from the Rashtrapati Bhawan to the hexagon around the India Gate shall take place without the specific approval of the Govt. of India in the MoHUA. It was therefore decided to form a specialised study group of architects and town planners to advise the Government of India on the development aspect of the Central Vista and Secretariat Complex. Accordingly, a committee/study group was constituted by the MoHUA to advise the Government of India, which was reconstituted in 2002 and 2019. “The body is now called the Special Advisory Group of Central Vista and Central Secretariat”, said Mr. Hegde.”As regards the proposal towards land-use change, there was a March 6 order of Your Lordships stating that any steps in this direction shall be subject to the final outcome of these petitions. On March 20, the land-use change was allowed. On March 24, a nationwide lockdown was announced. Even after that, the CPWD placed a proposal for a new Parliament building before the Central Vista Committee. Despite numerous representations to the CVC, it held a meeting on April 23, amid the lockdown, and via video conferencing, and granted a NOC to the proposal!”, he argued.”The minutes of the meeting of the Special Advisory Group of Central Vista and Central Secretariat show that it was not attended by 4 members who are representatives of professional bodies of architects and town-planners…they just noted that some members expressed their inability to join the meeting on account of travel restrictions and as senior citizens, being confined to their houses, and also lack of technical capacity, and requested for a postponement. But naming the importance of the project for the nation and the timescale for its implementation as the reasons, the meeting was held anyway”He pointed out that the Committee gave no reasons for according its clearance to the project; that under ‘Observations’, it merely stated ‘No Objections’ and that by way of suggestions, it said that ‘the features of the new building should be in sync with the existing building'”No reasons were disclosed for granting the NOC. The details of the materials considered and the discussions held were not disclosed! Moreover, the meeting was chaired and headed by ADG, Works, who is neither an architect nor a town-planner, but an engineer in road maintenance! There was violation of principles of administrative decision-making!”, he contended.’This is not a decision, much less a reasoned decision, much less a consideration of a proposal submitted with due questioning! An architect was invited to present the proposal online, and only one observation was made- ‘in sync’! It could mean anything, it is vague, unreasoned and capable of absolute interpretation! Unlike the new Delhi HC building, the Committee doesn’t even say that the new building should be in sync with the existing one! It just mentions the features! Is it supposed to have the same pillars, the same shape, the same height as the existing Parliament? Is this what a professional body of architects and town-planners expected to say in giving permission? To rubber stamp its approval with just 2 lines on maintaining synchronity?”, he urged.”What is the scope of inquiry of the CVC into the proposal? Is it supposed to go into the designing and the planning or is that to be done by some other department? Under what provision was the CVC created?”, asked Justice Khanwilkar.Mr. Hegde replied that the CVC was constituted vide a 1962 OM of the MoHUA- “The requisition of development of the Central Vista and Secretariat complex has been engaging the attention of this Ministry for some time. In view of the national importance of the area and the need for its planned development, it has been decided to bring the entire area under strict architectural control. No construction or development in the area extending from the Rashtrapati Bhavan to the C-Hexagon around the India gate will take place without the specific approval of the Government of India in the Ministry of WH&S. It has also been decided to set up a specialised study group of Architects & Town planners to advise the Government on such aspects of the development of the central vista and the secretariat complex as may be referred to it from time to time”, he quoted.”So it is not a statutory body. It can only lay down broad guidelines, which will be a general advisory, not even binding on the government…and whatever is referred to it, it can advise only on that.If nothing is referred, it will not advise…it is not mandatory to move the CVC, you may go to the town planning authority or other bodies!”, noted Justice Khanwilkar. “Everything that has ever been done in the Central Vista has always gone through the CVC. It was even reconstituted in 2019″, replied Mr. Hegde.”And the object remains the same?”, asked Justice Khanwilkar. Mr. Hegde replied in the affirmative, adding that all terms and conditions of functioning remain unchanged and only the composition has been altered.”The terms and conditions which you say are unchanged pertain to the appointments and the financial matters”, noted Justice Khanwilkar.”I think legally, the only thing we can rely on it is for procedural legitimate expectation, no beyond that”, observed Justice Khanna.”As regards the procedural legitimate expectation- what has been followed from 62 till today- we would like the SG to answer”, expressed the judge. SG Tushar Mehta assured the court that he would reply to this.”It is a study group, not a statutory body to advise the government. It is not a decision-taking body. How relevant is it in administrative law? An administrative committee is a body to assist the governing body. Even if we assume that it is a ‘committee’, does it have to state its reasons? Is it necessary to go into all these details?”, asked Justice Maheshwari.”The nomenclature is not ‘committee’, but ‘special advisory group’. It is not even ‘study group’. It is a MoHUA advisory. Whatever research or study is there, just place it before the group. It is not to conduct a scrutiny of the entire proposal- heritage, environment norms. That is for the statutory committee to do”, reflected Justice Khanwilkar.”The government has set up a process for carrying out works in the Central Vista area. It is a stated part of the process that advice of the study group be taken. Your Lordships may be right that the government is not bound by such advice. If the government is to overturn it, it may do so for good reasons”, replied Mr. Hegde.”But earlier, as and when a matter has been referred to the CVC, it has never detracted from the procedure”, he continued, citing as an example the procedure followed in the development of the National War Memorial and Museum. “The process began in 2016 and continued in 2018. The Ministry of Defence was requested to make a presentation of design. Suggestions were advanced. When the revised proposal came to be submitted, concerns regarding elevation and overbearingness of the structure were iterated. and yet another improved draft of the proposal was filed. This is the depth of consideration”, he pressed.”The memorial was a new creation entirely. The consideration may differ. Here, we are only on extension. We don’t know what the proposal in the meeting was. We have to see it in that context”, noted Justice Khanwilkar.”Whatever was proposed was presented before the CVC and considered. You are saying the decision-making has been faulty? What has not been done?”, asked Justice Maheshwari.”The National War Memorial was on a much smaller scale as compared to the Parliament. But still, the process of consultation there went on 3 years. It was a detailed consideration unlike the single-day clearance, as in the present case, that too over video conferencing and in the absence of crucial members! It was just a ‘Tathasthu’- ‘This is the plan? Bless it!'”, argued Mr. Hegde. He proceeded to walk the court through the equally detailed consideration by the CVC of the proposal for a multi-level parking at the Delhi HC.”Don’t multiply more proposals. We can understand that you wanted a deeper scrutiny and not just a general observation. But it is only an advisory group and the decision has to be ultimately taken by a statutory body. The statutory bodies are the Heritage Conservation Committee and the environmental authorities. This argument is not an effective way of challenging the final decision as the Ministry which took the decision is not bound by the advice of this body. Assuming you are right about the CVC, would that affect the final decision? Suppose the CVC was to take a view, it would not be ex-post facto…”, commented Justice Khanwilkar.”My petition was filed in June, immediately after the advice was tendered. We had gone to the Delhi HC, which said it won’t consider it in view of Your Lordships order of any actions being subject to the final outcome of the petitions before you. So we filed a writ petition here and a SLP against the Delhi HC order. We are arguing that the final decision has been made based on materials which were not there so far as this advice is concerned”, said Mr. Hegde.”When the final decision is correct and flawless, just because the advisory committee didn’t do its job properly, can the final decision be questioned?”, asked Justice Khanwilkar.”Administrative law is not concerned with merits but with the process. If you arrive at a right decision but by a wrong process, a process so vitiated, the final decision on merits could be either way”, ventured Mr. Hegde.”To say that the process is wrong, we have to say that involving the CVC is statutory. But it is only an inter-departmental arrangement! It does not even involve the whole Ministry, just the Works division!”, pointed out Justice Khanwilkar.”Most properties in the Central Vista are government-owned. It was the government’s decision to appoint one committee to keep everything in an orderly fashion. It is not a mere committee within one Ministry, deciding whether files should be processed in one way or the other! It is the government’s own initiative to harmonise functioning in the area. There are very few private properties in the area, but even they would have to go through this committee! It is a material piece of administration, not just a formality”, argued Mr. Hegde.”Under the TRAI Act, even before the Telecom Ministry takes a decision, it refers the matter to the TRAI…”, he sought to advance.Cutting across him, Justice Khanwilkar inquired, “In matters of governmental decision-making, the final decision originates after it has passed from the assistant to the section officer to the joint secretary or the secretary and finally, the minister. You say that in taking a decision based on whatever documents were before the Committee, it has not done its job properly and abdicated its duty? We understand that. But how does it affect the final decision? Is there any direct authority on the point?””If I may take a homely example- In a Math problem, if your answer is right but your steps are wrong…”, began Mr. Hedge. “This is not an apt example. Pick up anything, but this will not do”, commented Justice Maheshwari. When Mr. Hegde said that he himself had been bad at Math, Justice Khanwilkar commented in good humour that he should not venture into areas he is not familiar with. “I was only on the marking aspect of it…”, said Mr. Hedge.”You have spent 1 hour on this. We are trying to understand how, in administrative law, you can question the decision of the statutory authority because of an infirmity in the decision-making of the advisory body?”, asked Justice Khanwilkar. Mr. Hegde conceded that he had not considered his submission from that angle.”Mr. Shyam Diwan, his associate and now you, have all made this argument. We are still wondering if it has a bearing on the final decision”, added Justice Maheshwari.”Take a case where the Committee gave a negative opinion. But the statutory body overrides it, stating that what it has before itself is different, and giving reasons for changing the opinion of the Committee. Here, the Committee supported its decision so the statutory authority gave no reasons. A final decision, though correct otherwise, can it be questioned based on an earlier decision? How casually the process has gone ahead is a different matter”, reflected Justice Khanwilkar.”But the final decision is based on lack of necessary material”, pressed Mr. Hegde.”The CVC has not added any new material which the statutory body has not considered. If the CVC had not given its report for 1 year, the statutory authority would not have waited and would have proceeded to decide anyway!”, pointed out Justice Khanwilkar.”If there is a fault in the process at the lowest stage, then the final decision, whether right or wrong…”, began Mr. Hegde.”That would depend on the gravity of the fault. If the CVC had additional material and had not placed it on record or it was not considered by the statutory authority, that could have been the basis of questioning the final decision”, said Justice Khanwilkar.Next Story
Eagle Johnson – given name, Christopher Nanney – is making music with his Clean Machine, a band with a sound that hints at fuzzed out, guitar and synth driven pop rock and psychedelia. The band is racking up praise from members of Wilco while drawing comparisons to Tom Petty, Neil Young, and Dr. Dog, which is a really wide sonic net and speaks to the varied influences of Eagle Johnson and his mates.The band will be releasing Tennessee Beach, their first long player, on Friday. For a preview and to figure out what the buzz is all about, take a listen to “Hero” right here on this month’s Trail Mix.Eagle . . . . or Chris . . . was kind enough to take some time out of the holiday madness and get totally random with me for this week’s blog post!BRO – First song you ever slow danced to?EJ – “Roll Out,” by Ludacris.BRO – Something you always have in your fridge?EJ – Kale and sweet potatoes.BRO – Last song you heard that really got you in the gut?EJ – “Shine On Me,” by Dan Auerbach, or “Whole Wide World,” by Cage The Elephant.BRO – Deserted Island. You get one instrument. What do you take?EJ – Kimbra.BRO – First record you ever bought?EJ – I persuaded my stepmom into buying me Evil Empire by Rage Against The Machine when I was nine or so. The first one I remember buying myself was a Sublime album around that same time. My mom was pissed that the store solid it to me with the parental advisory sticker.BRO – Last TV show you binge watched?EJ – American Playboy on Amazon. It’s really amazing. Hugh Hefner gets a bad rap nowadays, but I learned he was the driving force that told 50s era sexually repressed housewives that it was not only okay, but healthy, beautiful, and natural, for them to be sexual beings. One could argue that there would have been no sexual revolution in the 60s without Hefner and Playboy. He also did a lot for civil rights and Playboy was one of the first magazines to praise jazz as a legitimate art form that deserved respect.BRO – Favorite song to sing in the shower?EJ – “Achy Breaky Heart.”BRO – Favorite whiskey?EJ – Belle Meade, Woodford Reserve, or Eagle Rare.BRO – One song I couldn’t pay you to cover?EJ – “Bad Blood.”BRO – Song that made you want to learn an instrument?EJ – “She’s So Heavy,” by The Beatles.BRO – Week at the mountain or week at the beach?EJ – Tennessee Beach.BRO – First time you were ever starstruck?EJ – I pride myself on not being one of those starstruck people, for the most part, but one time I was working at a coffee shop in Memphis and I looked up and Dane Auerbach was sitting at a table all by himself. It was pretty surreal. There was nobody else in the coffee shop. I didn’t even see him come in. I did the lamest thing ever, though, and gave him a CD. I’ve learned since then that that’s pretty taboo. He hasn’t hit me up about collaborating on those hits yet. I’m hopeful. I’ve heard we’re both jazz cigarette addicts. Maybe that’s our common ground.Full disclosure. I had no idea what a “Kimbra” was. I assumed it was a stringed instrument. Wrong. She’s a singer. Astute choice, Mr. Johnson. Quite astute.Eagle Johnson & Clean Machine have a relatively quiet tour schedule for the near future. For more information on the band, to check in on when they will be coming your way, or if you want to grab a copy of Tennessee Beach, check out the band’s website.And to listen to “Hero,” along with great new tracks from The Oh Hellos, Lowland Hum, The Marcus King Band, and many more on this month’s Trail Mix.
2SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr by: Cameron MadillGoogle Analytics is a valuable tool for online credit union marketing. It allows you to track activity on the institute’s website and provides comprehensive information about how visitors found the site. By using the information that Google Analytics provides, you can improve your digital marketing efforts to reach your target customers.In 2014, Google introduced Universal Analytics, or UA, which has a more user-centric approach. Instead of just tracking website visits, it tracks visitors. In addition to showing you how visitors found your site, the tool follows a visitor’s journey across many different electronic devices.Google UA HighlightsImproved data collection and processing in Google AnalyticsUpgrade Google Analytics properties to Google UA without losing data or changing account settingsThe ability to assign unique “User IDs” to visitors to track their engagement and on-site navigation across multiple devicesNew tracking codes for websites, mobile apps and other digital devicesSimplified configuration optionsEveryone will eventually be upgraded automatically, but in the meantime you will be on the old platform continue reading »
continue reading » They have been called many things, from entitled to humble, hardworking to lazy, overly reliant on their parents while at the same time independent. Tom Brokaw even famously tagged them as “the greatest generation since The Greatest Generation.” An enigma for retailers to attract and an adjustment for businesses to employ, Millennials (the generation loosely defined as those born between 1981 and 1996) have been simultaneously torn down and put on a pedestal by their peers and elders. But data doesn’t lie. With over 56 million in the US workforce according to US Census Bureau data, Millennials make up the greatest percentage of employees today, and are proving that they are just as hardworking and perhaps even more balanced in their approach than generations before them. Hiring Millennials and keeping them happy and engaged at your credit union is heavily reliant upon the traditional motivators: money and benefits. However, what sets this generation apart when it comes to job satisfaction is the level of importance they place on purpose and technology… working for a credit union whose mission is in-line with their primary values, and one that provides them with the latest technology to get their job done efficiently are major factors in retention.A Look at Millennials in the US WorkforceMillennials are the largest generation currently employed in the US, with Gen X next, and Baby Boomers’ numbers at third and dwindling. Estimates have put the number of Millennials at well over 50 million, 40-50% by some totals of the workforce. According to Forbes, predictions place this generation at nearly 75% of workers in the US by 2025. Worldwide, their numbers are slightly lower but still dominant. Almost half of them work in business and professional services, while a third are in the financial industry, according to a 2018 Paychex survey. This bodes well for attracting employees to your credit union. 2SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr
South-Jakarta Halal-Lifesyle-District halal-destination halal-tourism halal-tourism-destination Google Linkedin Log in with your social account Forgot Password ? LOG INDon’t have an account? Register here Though South Jakarta is better known for its entertainment centers and trendy restaurant and cafes, the municipality’s administration is hoping to tap into the potential of Indonesia’s growing halal tourism.The South Jakarta Tourism and Creative Economy Agency introduced its halal tourism concept through a collaboration with South Jakarta’s Abang-None community and Al Azhar Islamic School. They held an event called Hijab Run over the weekend to promote the initiative, marking the school as one of the area’s halal tourist destination.Themed Halal in Diversity, the event was the first of its kind for South Jakarta.“Halal in Diversity means that everyone, regardless of their gender, age and religion, is free to join the event,” the head of South Jakarta’s tourism and creative economy office, Puka Yanuar, told The Jakarta Post at the… Topics : Facebook
Education, Statement Harrisburg, PA – Governor Wolf released the following statement on PASSHE and APSCUF contract negotiations:“I have monitored negotiations between PASSHE and APSCUF closely and I have had many conversations with both sides. Throughout all of this I have repeatedly urged both sides to continue talking until an agreement is reached.“We must ensure our professors are treated fairly while recognizing PASSHE’s difficult financial situation due to years of underfunding.“There is enough common ground for the two sides to reach a final compromise. Both PASSHE and APSCUF should continue negotiations until a final agreement is reached.“Avoiding a strike is paramount because a work stoppage will be devastating for the state system. Most seriously, a strike could drive a loss of students, which would further exacerbate an already precarious financial situation for the state system. We have to look no further than what happened to Temple University following the faculty strike in 1990. It took years for Temple to recover its student population.“We all agree that the higher education of our students is a top priority, and tomorrow students should show up to class and professors should show up to teach them.”Like Governor Tom Wolf on Facebook: Facebook.com/GovernorWolf Governor Wolf Statement on PASSHE and APSCUF Contract Negotiations SHARE Email Facebook Twitter October 18, 2016
“He was a committed journalist who approached his job with truth and served the country diligently as the longest serving spokesman to the then NFA, adding that “his wise counsel as an experienced sports journalist would be sorely missed.The Governor commiserated with the family and associates of the deceased and prayed that God would comfort them.â€œAs we mourn his painful departure, I pray that God will bring solace to his family who will miss him the most and grant him eternal rest.” the Governor said.Share this:FacebookRedditTwitterPrintPinterestEmailWhatsAppSkypeLinkedInTumblrPocketTelegram Delta State Governor, Senator Ifeanyi Okowa, has expressed deep sadness over the death of a former Spokesman of the Nigeria Football Association (NFA), Austin Mgbolu.Governor Okowa in a condolence message to the Mgbolu family signed by his Chief Press Secretary, Charles Aniagwu, described the late Mgbolu as a gentleman who was passionately devoted to his career as a reputable sports journalist.“On behalf of the Government and people of Delta State, I identify with the Mgbolu family of Ibusa in Delta State, the Nigerian Union of Journalists, Nigeria Football Federation, Sports Writers Association of Nigeria over the irreparable loss.
In the past, Super Bowl halftime performers including Justin Timberlake, Lady Gaga, and Katy Perry have held press conferences ahead of the event. Instead, the league said it would use media platforms to show behind-the-scenes footage and content of the halftime performers, including rapper Travis Scott and Atlanta native Big Boi, rather than hold a press conference with the performers. Related News Patriots paying for Josh Gordon’s inpatient drug treatment, report says pic.twitter.com/UCgQ53ssAN— NFL345 (@NFL345) January 29, 2019The NFL noted “the artists will let their show do the talking as they prepare to take the stage this Sunday.” Maroon 5 will headline the Super Bowl 53 halftime show Sunday night but won’t be taking part in any news conferences beforehand.The band has declined to meet with reporters this week to discuss their upcoming performance, the NFL announced Tuesday. Maroon 5 has come under fire in recent weeks, after the band became the first to accept the halftime slot after several artists, reportedly including Rihanna, turned down the opportunity in protest of the NFL’s treatment of former 49ers quarterback Colin Kaepernick for his protests of racial and social injustice.The Patriots and Rams will kick off at 6:30 p.m. ET.