Friday, April 18, 2008

HC discharges NICE of contempt proceedings

HC discharges NICE of contempt proceedings
Bangalore, DHNS:
The High Court on Thursday discharged Nandi Infrastructure Corridor Enterprises and its eight directors, including Managing Director Ashok Kheny, from a civil contempt case lodged by the KSPCB.

KSPCB had filed a contempt complaint alleging that NICE had violated Karnataka State Pollution Appellate Authority’s August 31, 2007 status quo order by proceeding with formation of roads under Bangalore Mysore Infrastructure Corridor project. The Authority had ordered status quo while disposing NICE’s appeal against KSPCB’s March 2007 order withdrawing the Consent. For Establishment (CFE) granted earlier in the year 2000.

KSPCB had withdrawn CFE stating that NICE had made deviations in original alignment and conditions of Consent at some places.

KSPCB’s contempt complaint had contended that since the Authority had ordered status quo, NICE had committed contempt of court by continuing road works.

However, NICE had contended that status quo was to be maintained as on the date of order when a HC order permitting it to continue works except in disputed area was operational.

The Division Bench headed by Justice V G Sabhahit observed that the Authority’s order had set aside KSPCB order withdrawing CFE to a “limited extent” giving NICE an opportunity to defend its case before KSPCB and had ordered status quo till a decision was taken on the issue


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