The Hindu : New Delhi News : SC stays High Court direction in Bangalore-Mysore expressway case

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Thursday, May 15, 2008
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SC stays High Court direction in Bangalore-Mysore expressway case

J. Venkatesan

NICE had challenged the direction issued on April 10

New Delhi: The Supreme Court on Wednesday stayed an order of the Karnataka High Court directing the State Government to consider the representation of one S. Munegowda to ensure that the Bangalore-Mysore Infrastructure Corridor Project was implemented as per the directions of the High Court judgment of May 2005.

A Bench of Justice Arijit Pasayat and Justice P. Sathasivam granted the stay on a special leave petition filed by Nandi Infrastructure Corridor Enterprise (NICE) challenging the High Court direction issued on April 10. The Bench, while issuing notice on the SLP, directed that it be tagged with other matters connected with NICE petitions.

Alleged violations

Mr. Munegowda moved the High Court alleging violations of the earlier directions in implementing the project. He said he would be satisfied if a direction was given to consider his representation to take appropriate action in accordance with law and accordingly the High Court gave that direction. The SLP is directed against that order.

In its SLP, NICE felt that the impugned direction appeared to be innocuous, and it had serious potential to cause great mischief and irreparable harm to the execution of the project, the interest of the petitioner and most of all public interest. It said the government’s decision on the representation would result in irreparable injuries being caused to it and would impair the project if not destroy it altogether.

Meanwhile a three-Judge Bench headed by Chief Justice K.G. Balakrishnan permitted NICE to withdraw another SLP and asked the High Court to hear the main petition as scheduled on June 4.

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