SC all-clear for BMIC

SC all-clear for BMIC
Asks Karnataka Govt To Pay NICE Rs 5 Lakh
The Times of India

New Delhi: The Supreme Court on Thursday gave the green signal to former PM H D Deve Gowda’s pet hate, the Rs 2,850-crore Bangalore-Mysore Infrastructure Corridor (BMIC) project.

For the flip-flops on the project by the Congress-JD(S) government at the behest of the JD(S) supremo, the court asked Karnataka to pay the project contractor, Nandi Infrastructure Corridor Enterprise (NICE), Rs 5 lakh. Rebuking the state for filing “frivolous litigation’’, a Bench comprising Justices Ruma Pal, B N Srikrishna and Dalveer Bhandari said the mega project is in the larger public interest; the only ground for the review of the project appeared to be the change of government in 2004.

“Considering the frivolous arguments and the mala fide with which the State of Karnataka and its instrumentalities have conducted this litigation before the high court and SC, it shall pay Nandi Infrastructure Corridor Enterprises Rs 5 lakh within four weeks,’’ it said.

MLAs J D Madhuswamy and G V Sreeramareddy, used as pawns for filing petitions against the project, were asked to pay a cost of Rs 50,000. This amount will be in addition to a similar amount imposed as cost on them by the HC, Justice Srikrishna, writing for the Bench, said. SC also dismissed a bunch of petitions filed by individuals challenging the land acquisition proceedings pertaining to BMIC.

What began in 2004 as an electioneve ego clash between former CM S M Krishna and Gowda blew up into full-fledged political manoeuvring after the Congress-JD(S) coalition government assumed office.

Then PWD minister H D Revanna, son of Gowda, threw his hat in the ring by officially recording his father’s allegations that excess land had been acquired for BMIC by Nandi for real estate purposes and the same be returned to farmers.

In the first round of litigation, Gowda and son

found the HC turning the heat on the government by dismissing two petitions filed by the MLAs and imposing a cost of Rs 50,000 on them.

Not satisfied with the HC order, which had also directed initiation of contempt proceedings against the then chief secretary K K Misra for suppressing facts, Karnataka appealed before the SC.

Rejecting the appeal and arguments advanced by Karnataka against the land acquisition proceedings pertaining to the four-lane, 111-km-long expressway, finalised in 1997 envisaging free flow of traffic at 120 kmph, SC held that the HC order was correct and did not warrant any interference.

Accepting NICE’s arguments, the Bench said the agreement for the work was signed in 1997 by the Karnataka government with the intention of linking Bangalore with Mysore. Noting that considerable investments were
made and huge

works carried out in the past seven years, it said: “The state government cannot be permitted to change its stand and to contend that the land allotted for the project was in excess of what was required.’’

After the Dharam Singh ministry assumed office, it set up an expert committee headed by former PWD secretary K C Reddy to review the project. The committee suggested withdrawal of land to the extent of 1,445 acres which, according to it, was given in excess. The government had declared it would recover the excess land and return it to the farmers. The HC had singularly blamed the Gowda family for the unnecessary controversy over the project. It had said: “The change of stand by the state government... was not because of fraud or misrepresentation but was because a new PWD minister sent a note on July 6, 2004, to his principal secretary pointing out allegations made by former PM H D Deve Gowda that excess land had been acquired.”

SC strictures
Dharam government filed frivolous litigation Politics seems to have dictated the review of the project Karnataka conducted litigation with mala fide State government cannot be permitted to change its stand

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