Thursday, March 08, 2007

Stay sought on all projects along BMIC

Stay sought on all projects along BMIC
The Hindu

# Direction sought to State Government to release land for BMIC project
# 'Set up a panel to look into the execution of the project'

BANGALORE: Karnataka High Court on Tuesday adjourned a petition by All India Manufacturers' Association (AIMO) seeking a direction to the State and its instrumentalists from proceeding with any other project such as the townships it had proposed along the Bangalore Mysore Infrastructure Corridor Project (BMICP) till such time the project was executed and the writs issued by the High Court and the Supreme Court on May 3, 2005 and April 20, 2006 were carried out in letter and spirit.

In its petition, AIMO sought a writ, order or direction for appointing any person of eminence or a panel of people to look into the execution of the project. Another prayer was for a direction to the State Government and its authorities to execute even without a day's delay the project saying that this needed to be examined. The petition contended that despite the High Court and Supreme Court orders, the State had not released land for NICE to take up the corridor project.

It said the project was conceived to decongest Bangalore and Mysore and shift the people along the expressway. It said when the project was mooted nobody, except NICE, came forward to take it up. It said NICE began facing cases in court after that.

It said Justice Ashok Bhan of the Karnataka High Court on September 21, 1998 dismissed a petition challenging the agreement on the project and held that BMICP was in public interest. On May 29, 1999, the Supreme Court had dismissed a petition against the project. It said the second round of litigation commenced when there was a change of the Government in the State.

It said petitions by NICE, the Mayor of Mysore and itself were allowed and the appeal by the State and petitions by two legislators dismissed by the High Court on April 3, 2005. An SLP in the Supreme Court by the State against the High Court judgment was dismissed on April 20, 2006 with costs. A review petition by the State was dismissed on November 2. This, AIMO said, was the third round of litigation. It said the State on October 18, 2006 proposed five townships adjacent to lands sought to be acquired by NICE for the corridor project. The State had called for global tenders for the project and sought to acquire 60,000 acres. It said while the State was yet to hand over 20,000 acres neseded for the corridor, it was ready to acquire 60,000 acres for the townships. It wanted the State to hand over the land for NICE even as it acquired the lands for the proposed townships.

Principal Government Advocate A.N. Venugopala Gowda said a copy of an application for the interim order as sought for by petitioners had not yet been furnished.

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