Tuesday, September 23, 2008

NICE land row: High Court reserves judgment

NICE land row: High Court reserves judgment


Express News Service
21 Sep 2008 11:15:00 AM IST

BANGALORE: The Karnataka Industrial Area Development Board (KIADB) had issued a final notification to M Nagabhushana of Thotadaguddenahalli to acquire 7 acres belonging to him for the Nandi Infrastructure Corridor Enterprise (NICE) project on April 30, 2004. Nagabhushan filed a writ petition against the notification

The Advocate General contended that according to a Supreme Court’s judgment, NICE is entitled to 20,193 acres and only that much land would be acquired

Moreover, the land that is notified is one-and-a-half kilometres away from the NH 4

The High Court division bench consisting of Justice V Gopal Gowda and Justice K N Keshava Narayan, who heard the arguments, reserved their judgment.

Petition upheld The High Court upheld the petition of one Malini Sriram against a KIADB notification to acquire her land. THe KIADB had issued a final notification on January 17, 2006, to acquire 13,800 sq ft land near Vani Vilas Circle in Basavangudi for the construction of the road at Vani Vilas curve

A part of the notified land belonged to Malini, who filed writ petition against the notification, contending that the KIADB was not competent to acquire land for road construction

Justice Abdul Nasir allowed the petition and directed the KIADB not to dispose the petitioner of her property

HC notice to Govt The High Court on Saturday issued notices to the State Government, the Advocate General, the Bar Council and the Bar Association following a writ petition filed against the transfer of the Gokarna temple case to the a Dharwad Bench

In his petition, Vishveshwara Bhatt Gopi had challenged this transfer decision and insisted that the case be heard here. The government had recently transferred the Gokarna Mahabaleshwara temple to the Shimoga-based Ramchandrapura Mutt

When the transfer was challenged before the HC in Bangalore, the latter had referred the case to a Circuit Bench at Dharwad. The division bench headed by Chief Justice P D Dinakaran allowed Gopi’s petition and sent notices to the relevant authorities

Lease for 999 years The High Court observed that a lease, the British Government had given to the Mercara Rubber Company (MRC) in 1914, should have gone along with the British rule. The forest department had notified the MRC that it wanted to construct a road in the property leased to the company for 999 years

The MRC filed a case against the forest department’s notification, which was dismissed by a single judge bench.The MRC appealed against the single judge bench’s decision. The High Court division bench headed by Chief Justice P D Dinakaran directed the government advocate to furnish the recent judgements on the forest lands hich were leased.

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