Tuesday, May 06, 2008

State overlooked issue of excess land for BMIC?

State overlooked issue of excess land for BMIC?

Krishnaprasad

The move paves the way for handing over 2,200 acres of land to NICE

— Photo: K. Murali Kumar

Another row: Work on the Bangalore-Mysore Infrastructure Corridor project in progress near Banashankari 6th Stage in Bangalore.

Bangalore: The State Executive Committee, headed by Governor Rameshwar Thakur, appears to have overlooked the issue of excess land acquired for the Bangalore-Mysore Infrastructure Corridor project, thus paving the way for handing over 2,200 acres of land to the Nandi Infrastructure Corridor Enterprises Limited (NICE), which is executing the project.

The decision runs contrary to an affidavit filed by the Governor’s administration in the Karnataka High Court three months ago in which it has been clearly stated that the government was not in favour of handing over the excess land. However, in its meeting held on April 25, the Executive Committee took a different stand arguing that the Karnataka High Court and the Supreme Court have dismissed the allegation of excess land.

Issues such as excess land and irregularities in project implementation can “hardly be taken to their logical end by litigating before the courts” is the observation of the Executive Committee, according to sources in the Secretariat.

Interestingly, the Executive Committee has also decided to resolve issues over required extent of land and alignment with NICE by way of a joint survey rather than litigation. Further, regarding alleged irregularities involving some government employees, the committee says an internal inquiry by government agencies and by the Lokayukta should be preferred. In the last four years, the government of the day and the NICE company have been at loggerheads, challenging each other in the court. The H.D. Kumaraswamy Government was of the view that NICE was already in possession of over 400 acres of excess land and was seeking another 1,800 acres adjoining Bangalore whose market value has been estimated at around Rs 30,000 crore.

The project is being implemented in three phases.

The allegation of excess land pertains only to the first phase of the project adjoining Bangalore.

The first stage includes: 41 km of peripheral road and 9.8 km link road requiring a total 2,471 acres of land; 12 km of expressway requiring 896 acres; and a township at Bidadi on 2,775 acres. The total land required for the first stage is 6,142 acres.

According to government records, NICE is already in possession of about 2,896 acres land for peripheral and link road components which is in excess by 425 acres over the required 2,471 acres approved by the High Court and the Supreme Court.

The sources said that the Executive Committee has allegedly ignored this fact and considered only the land required for the entire project (20,193 acre) based on a letter submitted by NICE. As such there is no dispute on the total land required for the project.

The Executive Committee has now taken the view that: “If a decision is taken to provide the lands required for completing the project, then the same will amount to complying with the orders of the Supreme Court and to that extent the position of the State and its officers before the Court in the contempt petition will get strengthened.”

When records speak clearly about acquisition and handing over of excess land, Secretariat sources said, the Executive Committee should have ascertained requirement of land for each stage.

The sources said the Executive Committee’s April 25 decision also amounted to conceding to the allegations made by the NICE in its petitions filed against the government questioning certain actions of the previous government besides creating a situation where the company can now withdraw its petitions informing the court that Government has accepted all its demands.

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