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State files fresh affidavit on BMIC project

By Our Staff Reporter

BANGALORE, MARCH 31. The State Government on Thursday filed a fresh affidavit in the Karnataka High Court stating its stand on the Bangalore-Mysore Infrastructure Corridor (BMIC) project and reiterating its decision not to go ahead with the project the Nandi Infrastructure Corridor Enterprise (NICE) way.

The affidavit, signed by the Chief Secretary, K.K. Misra, was filed in the Registry on Thursday evening. On March 10, a Division Bench comprising the Chief Justice, Nauvdip Kumar Sodhi, and Justice B. Padmaraj directed the Advocate-General, B.T. Parthasarthy, to file a fresh affidavit and clearly state the Government stand on the project.

The Bench had decided not to take cognisance of the earlier affidavit filed by the Under Secretary of the Department of Commerce and Industries and directed the Chief Secretary to file the new affidavit.

The Bench was hearing a public interest litigation (PIL) petition by J.C. Madhuswamy and Srirama Reddy, legislators, and another person challenging the project and seeking a Central Bureau of Investigation inquiry into the alleged excesses by NICE.

`Misrepresentation'

The affidavit stated that it has now become necessary to place on record the true and material facts on the project and oppose the plea by NICE. It said the Government has noticed certain facts and circumstances that revealed the fraud and misrepresentation by NICE.

It said the Government constituted the K.C. Reddy Committee after questions were raised in the Legislative Assembly about the project. The Government has accepted the committee's report. It noted certain vital facts touching on the invalidity of the Framework Agreement of April 3, 1997.

It said the Government Order of November 20, 1995 proceeded on the basis that the BMIC project would be taken up by a consortium of Vanasee Hangen Brustlin Inc.; SAB Engineering and Constructions Inc., U.S.; and the Kalyani Group. The Government was under the impression that NICE had been set up by the consortium to take up the project.

However, NICE was not set up by them, and the Government was not a party to the assignment deed in which the consortium had asked NICE to take up the project.

Excess land acquired

The Government said the excess land acquired for the project is in and around Bangalore. While the project requires 4,470 acres, 6,918 acres was acquired, it said.

`Interested in project'

The Government clarified that it is interested in the expeditious completion of the project and said NICE should execute the project as per the November 20, 1995 order. It said NICE should execute the project without claiming any excess land and causing any delay. For five townships, peripheral roads, link roads, interchanges and expressway, only 4,470 acres of land should be used. On its part, the Government said it will honour the framework agreement.

It said it is not agreeable to making available land in excess of 4,470 acres needed for execution of Phase 1 and 2 of the project.

The excess land could lead to real-estate activity.

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