NICE challenges withdrawal of consent for peripheral road

NICE challenges withdrawal of consent for peripheral road

Staff Reporter

BANGALORE: The Nandi Infrastructure Corridor Enterprise Limited (NICE) on Friday challenged before the Karnataka High Court the withdrawal of consent by the Karnataka State Pollution Control Board (KSPCB) for the 41-km peripheral ring road of the Bangalore-Mysore Infrastructure Corridor (BMIC) Project.

The board claimed that the company had altered the alignment of the peripheral ring road at a few places.

It further claimed that that one of the conditions stipulated by it is that any alteration in the alignment or the execution of the project has to be brought before it for clearance.

It said it became aware of this alteration only in the course of a personal hearing held on March 13, 2007.

It said that the project did not use treated water for the project, which had to be purchased from the BWSSB.

It said it did not find any record of the BWSSB having sold treated water to NICE.

Interestingly, the KSPCB had earlier withdrawn consent for the project, linking Tumkur Road and Hosur Road, in September 2006. This was after it found that 176 acres of land across 15 water bodies had been encroached upon by NICE, altering the road alignment in violation of the conditional environmental guarantee granted by the Ministry of Environment and Forests in 2001. In its appeal against the KSPCB order, NICE denied all the allegations and said they are being made only to stall the project.

It said it had approached the Karnataka State Environment Appellate Authority, saying that the consent was withdrawn without giving it an opportunity of hearing.

The authority, in December 2006, referred the issue back to the board, observing that the board may exercise its powers and authority to reconsider the withdrawal of consent, give the company an opportunity to be heard, and pass appropriate orders, within three months.

The board was not convinced by the arguments put forward by NICE and in addition found fresh instances of violations to support its earlier decision to withdraw consent.

NICE then moved the High Court against the withdrawal of consent, saying it is arbitrary and unsustainable in the law.

A Division Bench comprising of Justice K. Bhaktavatsala and Justice Subash B. Adi adjourned further hearing on the case till May 8 after the board sought time.