NICE gets go-ahead for Phase I work

NICE gets go-ahead for Phase I work

Staff Reporter

Construction, however, has not been permitted in Gottigere Lake area

# NICE had challenged withdrawal of consent by KSPCB for road
# Board alleged the company had altered alignment of the road

BANGALORE: The Karnataka High Court on Thursday gave the green signal to the Bangalore-Mysore Expressway project when it permitted Nandi Infrastructure Corridor Enterprise (NICE) to go ahead with the first phase of the project, excluding the disputed area at Gottigere Lake.

The first phase includes the construction of 41-km peripheral road along south Bangalore connecting National Highway (NH) 7 with NH 4, a nine-km link road connecting Bangalore to the expressway, service roads, ramps, interchanges, 11 km of expressway and a township near Bidadi.

The court, however, made it clear that NICE could not go ahead with any construction along the Gottigere Lake, a subject of dispute between NICE and the Karnataka State Pollution Control Board (KSPCB).

A Vacation Bench comprising Justice K. Bhaktavatsala and Justice A.S. Bopanna passed the orders on a petition by NICE challenging the withdrawal of consent by the KSPCB for the peripheral road of the Bangalore-Mysore Infrastructure Corridor Project (BMICP).

The board alleged that the company had altered the alignment of the peripheral ring road at a few places when rules entailed that any alteration in the alignment or the execution of the project had 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. Moreover, NICE did not use treated water for the project, which had to be purchased from the Bangalore Water Supply and Sewerage Board (BWSSB).

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

Senior counsel Jayakumar S. Patil, appearing for NICE, denying the allegations, said they were being made to stall the project.

NICE had approached the Karnataka State Environment Appellate Authority saying that the consent was withdrawn without giving it a hearing.

The authority, in December 2006, referred the issue back to the board, observing that the board could exercise its powers to reconsider the withdrawal of consent, give the company a hearing, and pass appropriate orders within three months.

The board was not convinced by NICE's arguments and actually 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 was arbitrary and unsustainable in the eyes of law.

It filed an undertaking not to go ahead with any construction at Gottigere as no land adjoining the lake had so far been given to it.