The Hindu : New Delhi News : SC stays High Court order on NICE peripheral road

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Thursday, Nov 05, 2009
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SC stays High Court order on NICE peripheral road

J. Venkatesan

New Delhi: The Supreme Court on Wednesday stayed an interim order passed by the Karnataka High Court restraining the Nandi Infrastructure Corridor Enterprises (NICE) from putting up any further construction of peripheral road at survey No. 71 of Gottigere comprising the government tank area until further orders.

The High Court had passed the order on a contempt petition by H.V. Vijayaraghavan, a resident of Bangalore, seeking initiation of contempt proceedings against several IAS officers, including the Chief Secretary, and officials of NICE for allegedly violating court orders on the construction of a peripheral road as part of the Bangalore-Mysore Infrastructure Corridor project.

A three-Judge Bench of Justice D.K. Jain, Justice Mukundakam Sharma and Justice R.M. Lodha stayed the High Court order on a special leave petition filed by NICE Managing Director Ashok Kheny challenging the order dated September 24.

Appearing for the appellant, senior counsel Dushyant Dave submitted during ‘mention’ time that the High Court was erroneous as the same was a subject matter of another special leave petition pending before the Supreme Court and on which stay was refused. He said the peripheral road was part of the BMIC project, which comprised 41 km and the High Court had passed the restraint order without granting any opportunity to them and the State Government to file their response.

The Bench stayed the High Court order, issued notice to the respondents and directed the matter to be tagged with similar petitions.

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