HC directs NICE to stop work at some places

HC directs NICE to stop work at some places

Staff Reporter
The stay on construction work is for four weeks
The order came while disposing of a petition filed by the KPSCB

The board had withdrawn CFE granted to NICE

in September 2006

Bangalore: The Karnataka High Court has directed the Nandi Infrastructure Corridor Enterprises (NICE) not to put up any construction, as part of the BMIC project, in some disputed areas around the city for four weeks.

A Division Bench, comprising Chief Justice P.D. Dinakaran and Justice V.G. Sabhahit passed the order while disposing of a petition filed by the Karnataka State Pollution Control Board (KSPCB).

Following the order, issued on July 3, 2009, NICE cannot take up any construction work in connection with the BMIC project near Gottigere tank, and some areas in Madanayakanahalli and Thotadaguddahalli.

The KSPCB in September 2006 withdrew the Consent for Establishment (CFE) granted to NICE to implement the project as the latter allegedly violated the approved plan, particularly with regard to alignment of the outer peripheral road and some other structures at these villages. In December 2006, NICE moved the Karnataka State Appellate Authority under the Water and Air (Prevention and Control of Pollution) Acts challenging the CFE withdrawal.

The Authority initially found that the board did not follow the principles of natural justice as it did not issue notice to NICE before withdrawing the CFE.

Technical flaw
However, the KSPCB in March 2007 reiterated its earlier decision to withdraw the CFE, and NICE again moved the Authority, which again in August 2007 referred the matter back to the KSPCB to pass a fresh order referring a technical flaw in the procedure.

Meanwhile, the High Court in May 2007 permitted the continuation of work on Phase-I of the BMIC project (comprising 41 km outer peripheral road, 9.1 km link road, 11 km expressway, service roads, ramps and interchanges), except at the disputed locations.

The KSPCB recently approached the High Court challenging the Authority’s order (issued in February 2009) dismissing an application.

While disposing of this petition, the Bench directed the KSPCB to decide the matter referred to it by the Authority within four weeks while directing NICE not to go ahead with construction work during this period at the disputed areas.