Thursday, May 15, 2008

SC stays HCs NICE order

SC stays HCs NICE order
DH News Service,New Delhi:
The Supreme Court on Wednesday stayed the execution of the Karnataka High Court order directing the Karnataka government to execute the Bangalore-Mysore Infrastructure Corridor (BMIC) project in accordance with the framework agreement (FWA) signed more than a decade back.

A bench headed by Justice Arijit Pasayat directed the Karnataka government, its various departments and Mune-gowda, a resident of Ban-galore, to file their replies to the petition filed by project promoter Nandi Infrastructure Corridor Enterprises (NICE) Ltd challenging the HC order.

“The High Court erred in entertaining the present petition without appreciating the fact that the present petition was preferred for extraneous and mala fide reasons and in collusion with the State government, who were openly and willfully refusing to comply with the judicial direction,’’ said the petition filed by NICE challenging the High Court order.

The purpose and effect of the consideration of the representation would clearly help the Karnataka government in perpetuating its illegal stand of destroying the judgment of the Apex Court, which had directed for timely completion of the project in accordance with the agreement, said the NICE advocate before the court.

If the Karnataka government did not take action in accordance with the prayers of the representation, it would lead to contempt of court by the authorities, he said pleading for the quashing of the High Court order.

The Karnataka High Court had on April 10, directed the State government to consider a representation by Munegowda, who sought the High Court direction for the implementation of the Bangalore-Mysore expressway project as conceived in the framework agreement (FWA) signed between the two parties.

“The writ petition is disposed of with a direction to the respondents (State government authorities) to consider the representation dated March 10, 2008 and take appropriate action in accordance with law as expeditiously as possible,’’ the High Court had said in its order.

The petitioner alleged that NICE had all along been violating the FWA and constructing the project in accordance with its own plan and convenience.

“As per the FWA, the company should construct an elevated expressway along with five townships, but did not adhere to the agreement,’’ said Munegowda in his petition filed before the High Court.


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