Saturday, September 12, 2009

HC dismisses plea against BMRCL

HC dismisses plea against BMRCL
Bangalore, Sep 11, DH News Service:

The High Court on Friday dismissed a petition seeking to stall the Metro Rail project observing that the project cannot be scuttled or delayed in the larger public interest.


“ Law should take backseat to give way for larger public interest. Therefore the court is of the opinion that no relief can be granted to the petitioner. Since time limit is fixed for implementation of the project, the petitioner’s prayer, if allowed, will prolong its execution,” Justice Mohan Shanthangoudar said while dismissing a petition by Logwell Forge Limited.

The petitioner company had sought a stay on the opening of financial bids and award of contract to procure fastening equipment.
The court said that the project cannot be stopped until petitioner gets its product tested by the Railway Board and participates in the tender process. “The commercial interest of the manufacturer should yield to the larger public interest,” the Court observed.

Status quo
The High Court has ordered status quo on construction of houses for the slum dwellers of Kaval Byrasandra and shifting the slum dwellers to green belt zone of Mantapa Gram Panchayat.

The chairman of Mantapa Gram Panchayat, S C Srinivas, and others had moved the High Court challenging the shifting of slum dwellers to Hulkasinahalli in Anekal taluk.
The petitioners contended that the government, through the proposal, had violated the green belt regulations where constructions other than schools and hospitals are not allowed.

Several representations to the Revenue minister, Deputy Commissioner and the special Deputy Commissioner have went in vain, they alleged, and sought a direction against the move.
The division bench comprising Chief Justice P D Dinakaran and Justice V G Sabhahit has ordered status quo and notice to government.

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