Sunday, September 21, 2008

State will stick to framework agreement with NICE

State will stick to framework agreement with NICE

Staff Reporter

BANGALORE: The Karnataka Government on Saturday reiterated its stand that it would only hand over to Nandi Infrastructure Corridor Enterprise (NICE) land as was envisaged in the framework agreement (FWA) it had signed with the company.

The State said the Supreme Court and the Karnataka High Court had repeatedly held that land should be given to NICE as per the FWA. The State made this submission when a dispute relating to acquisition of land for the contentious Bangalore Mysore Infrastructure Corridor Project (BMICP) being executed by NICE, came up for hearing.

The petitioner, Nagabhushana of Tumkur Road, had petitioned the court against what he claimed was illegal and a unilateral move to acquire 7.22 acres of land in Thotaguddahalli in Dasanapura hobli, Bangalore north taluk. He filed an interlocutory application (IA) seeking a stay on the acquisition of his land.

When the matter came up, Advocate-General (AG) Uday Holla, who appeared for the State, said even now the State is willing to give 20,192 acres of land to NICE as envisaged in the FWA. He said the High Court, in the Somashekar Reddy judgment, had asked the parties to go ahead with the project as per the FWA. Other judgements of the High Court and the Supreme Court, too, had upheld this view.

The Karnataka Industrial Areas Development Board (KIADB) also said it would give land to NICE by abiding by the FWA. When the KIADB advocate said the board would adopt the arguments of the AG, the court asked him how it could overcome the agreement it had signed with NICE on handing over acquired lands.

A Division Bench comprising Justice V. Gopla Gowda and Justice Keshavanarayana reserved orders on the IA.

The same Bench also adjourned an appeal by NICE against a single judge order quashing acquisition of land in Kengeri.

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