The Hindu : Karnataka News : BMIC: State files memo for withdrawal of appeal

Online edition of India's National Newspaper
Wednesday, Jan 12, 2005

Karnataka

Karnataka

BMIC: State files memo for withdrawal of appeal

By Our Staff Reporter

BANGALORE, JAN. 11. The State Government and the Karnataka Industrial Areas Development Board (KIADB) on Tuesday filed memos in the Karnataka High Court seeking to withdraw appeals against a single judge order quashing the acquisition of land for townships for the Bangalore-Mysore Infrastructure Corridor (BMIC) Project.

A Division Bench comprising the Chief Justice, Nauvdip Kumar Sodhi, and Justice B. Padmaraj, before whom the memo was sought to be moved, directed the Government advocate and the KIADB to file it in the Registry.

The Bench reserved orders on the appeals by Nandi Infrastructure Corridor Enterprise (NICE) and several landowners against the single judge order and passed interim orders on a public interest litigation petition by the All-India Manufacturers' Association of Mumbai (AIMA) seeking expeditious implementation of the project.

Reserved

The Bench reserved orders on appeals by NICE and several land owners challenging the single judge order.

While NICE had challenged the quashing of land for the townships, the land owners said that the single judge had erred in allowing acquisitions for the roads. Many land owners said their lands did not come in the periphery of the project. Hence, it could not be acquired.

When the appeals came up for hearing today, several residents of Madanayakanahalli said their lands were adjacent to the Tumkur Road and, hence, came outside the entire project area.

They said that their lands could not be acquired for industries as the five industrial areas were on the Bangalore-Mysore Expressway.

NICE said the appeals by many of the land owners could not be allowed as their pleadings were outside the writ petitions and appeals.

Besides, they had not challenged before the single judge the acquisition of their lands for the roads.

Status quo

The Bench directed the State Government, the KIADB and other respondents to maintain status quo on the project as it was today.

It also directed NICE not to alienate or sell in any manner the lands of the petitioners and the Government acquired for the project.

The Bench passed the order on a PIL by the AIMA seeking expeditious completion of the project.

The petitioner said it was for uniform development of industries in the country. It said the project, if implemented, would lead to industrialisation of the area and also decongest Bangalore. It said the project, though conceived in 1995, was yet to take off.

It blamed the Government for stalling the project.

The Bench directed the Advocate-General, B.T. Parthasarathy, to file on behalf of the State Government and the authorities the statement of objections within two weeks. NICE was asked to file its objection to the statement within five days thereafter.

The Bench adjourned the PIL to February 1 and directed the State Government, the KIADB and other agencies to maintain status quo as it existed today. However, it was open for the authorities to issue final notification on the acquisition of land for the project.

It said NICE was at liberty to continue with all development works regarding the project. It was, however, directed not to alienate or sell lands allotted to it for the implementation of the project. NICE said it had already spent Rs. 450 crore on the project and was incurring Rs. 10 lakh a day as interest alone. The Bench said it would hear the cases and dispose them of expeditiously.

The Bench also ordered issue of notices to the Government and other respondents on another PIL seeking a Central Bureau of Investigation inquiry into the implementation of the project. The Bench adjourned hearing of the case to February 1.

NICE reaction

Reacting to the order, a NICE spokesperson said: "Our belief in the judicial system has been upheld. The Division Bench has said the company can carry on all development works to protect the interest of the project.''

Printer friendly page
Send this article to Friends by E-Mail

Karnataka