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SC: form a panel to implement BMIC

J. Venkatesan

Committee, to be headed by Chief Minister, asked to submit a report by November 22

Project to be as per Outline Development Plan
Bench expresses unhappiness over the delay in the implementation of the project

New Delhi: The Supreme Court on Tuesday directed the Karnataka Government to constitute a committee to be headed by Chief Minister B.S. Yeddyurappa for implementing the Bangalore-Mysore Infrastructure Corridor Project expeditiously.

A three-judge Bench comprising Justice Tarun Chatterjee, Justice R.M. Lodha and Justice Deepak Verma in its interim order on contempt petitions said: “After hearing the learned counsel for the parties and after going through the materials on record and the application for contempt, we are of the view that pending final disposal of the contempt proceedings, the following order may be passed.”

The Bench said: “By a final judgment, this court directed the State/respondents to implement the Bangalore-Mysore Infrastructure Corridor Project. Unfortunately, the said project has not yet been implemented.

“On February 4, when this contempt proceeding was taken up for hearing, G.E. Vahanvati, Solicitor-General of India (as he then was) appearing for the State, stated before the court that the State Government had decided to implement the judgment of the High Court of Karnataka, as upheld by this court, and needs time for implementation of the decision. Unfortunately, in spite of such submission made by the Solicitor-General (as he then was), we are informed that the project has not yet been implemented.”

The Bench said: “While some argument was advanced by the counsel for the parties and the Advocate-General of the State, who submitted before us that the State has taken steps to implement the project and in fact some lands have already been allotted to the applicants.”

“Since the Advocate-General submitted that all possible steps have been taken to implement the project and to act in compliance with the judgment of this court, we direct that the State Government shall constitute a committee to be headed by the Chief Minister of Karnataka for the purpose of implementation of the project in question, which will submit a report by November 22 as to allotment and possession of lands for completion of the project and such steps can be taken within the time that may be mentioned in the report and the project shall be allowed to be completed as per the alignment specified in the Outline Development Plan of February 12, 2004 issued by the Bangalore-Mysore Infrastructure Corridor Area Planning Authority as per the Town and Country Planning Act.”

The Bench directed the matter to be listed for hearing on November 26.

No work at Gottigere

Bangalore Staff Reporter writes:

The State Government on Tuesday informed the Karnataka High Court that construction activity was not going on at Gottigere off Bannerghatta Road as part of the contentious Bangalore-Mysore Infrastructure Corridor Project (BMICP).

The BMICP envisages construction of an elevated Expressway between Bangalore and Mysore apart from several link roads and the peripheral road. The peripheral road passes near the Gottigere lake.

The BMICP is being executed by Nandi Infrastructure Corridor Enterprise (NICE) and the project has run into rough weather because of allegations of excess land acquisition and change in alignment.

In this case, a contempt petition was filed by a resident of Bangalore alleging that although a single judge had asked NICE to maintain status quo and not go ahead with the construction work on the peripheral road, NICE had violated court orders. The petitioner had alleged that NICE is going ahead with the work.

The Public Works Department had been asked to file an affidavit on whether or not NICE is going ahead with the construction at Gottigere. The Secretary to the Public Works Department filed an affidavit stating that NICE was not indulging in construction at Gottigere.

A Division Bench comprising Justice Manjula Chellur and Justice V. Jagannathan asked the State and the Karnataka Industrial Areas Development Board (KIADB) to file their statement and adjourned hearing of the case.

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