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Tuesday, May 09, 2006
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Order on NICE ring road stayed

J. Venkatesan

Supreme Court issues notice to Karnataka Government

New Delhi: The Supreme Court on Monday stayed a Karnataka High Court order restraining Nandi Infrastructure Corridor Enterprises (NICE) Ltd. from proceeding with the Rs. 2,250-crore Bangalore-Mysore Infrastructure Corridor Project by constructing the peripheral ring road around the Gottigere Tank.

A Bench of Justice Ruma Pal and Justice Markandey Katju stayed the High Court judgment of April 18 and issued notice to the Karnataka Government and other respondents.

Appearing for petitioner NICE, senior counsel Ashok Desai submitted that despite the Supreme Court's order the work on the expressway could not proceed because of the High Court order.

He said originally the peripheral ring road was to pass through the tank dividing it into two parts. This was challenged in the High Court, and NICE was not a party to the proceedings. Thereafter NICE agreed to build the road without obstructing free flow of water in the tank and the revised plan was approved.

A contempt petition was filed by the panchayat, which had filed a writ petition to quash the approval granted for the revised plan. Later, the contempt proceedings were dropped. The High Court said the developer should build the road over pillars to avoid the curve.

Letter issued

In its SLP, NICE submitted that the State Government issued a letter on March 25 to stop the work until the matter was resolved in terms of the High Court judgment. NICE filed an impleadment application and a review petition in the contempt proceedings and the High Court dismissed the applications by an order of April 18. On April 20, the Supreme Court directed the developer to proceed with the project.

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