SC`s fiat to Karnataka on Banglore-Mysore project
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Last Updated: Thursday, July 21, 2011, 21:42
  
New Delhi: Expressing concern over delay in execution of the jinxed multi-crore Bangalore-Mysore Infrastructure Corridor Project(BMICP), the Supreme Court on Thursday asked Karnataka to explain within six weeks the reasons for non-compliance of its April 20, 2006, order.

The April 2006 order given the go-ahead for land acquisition for the project.

The apex court asked State Advocate General G N Harnahalli to file an affidavit explaining the obstacles being encountered by the state in allotting the required land to the developer Nandi Infrastructure Corridor Enterprises (NICE).

"The Advocate General would be clarifying in the affidavit as to what are the impediments felt by the state government in implementing the judgement of this court of April 20, 2006," said the bench which consisted of justices R M Lodha and T S Thakur.

It said "the state government in its affidavit shall also indicate steps taken by it to implement the judgement." Directing the matter to be listed after six weeks, the apex court further said there would be no notification of any land until its further orders.

The apex court's direction came while hearing a contempt petition moved by NICE against the state government for not complying with the orders of the apex government.

In 2006, the apex court had upheld the judgement of the Karnataka High Court dismissing the petitions filed against the projects.

However, the Supreme Court and the High Court continued to be flooded with cases relating to land acquisition proceedings in alleged violation of the original framework agreement between the state government and the developer.

At the last hearing, the bench had remarked that the state government was in a state of "coma" as it had cited possible law and order problems in acquiring further land for the project originally envisaged in 1994.

Today, during the hour-long hearing, the bench agreed with the submissions made by senior advocate Dushyant Dave, appearing for NICE, that same points and arguments are being raised again and again and time of the judicial system is wasted.

Dave said that as per the May 3, 2011, directives of the Supreme Court, the High Court had passed final orders on numerous cases related to land on June 15 after 22 days of continuous hearing and yet same points are again raised.

Agreeing with it, the bench said "Mr Dave is right that it is sheer wastage of the court's time. It is shameful".

Addressing the state government and NICE, the apex court said "you all are making the matter complicated by raising simple issues which can be easily decided".

The apex court also wanted to know from the state government and the Karnataka Industrial Areas Development Board the reasons, why NICE has not been alloted land in the section B and C of BMICP, which are not the subject matter of any dispute.

During the earlier hearing, the bench had remarked that the Yeddyurappa government was in a "state of coma" and has no business to be in power if it can't acquire land fearing law and order problems.

The apex court had made the scathing remarks while expressing surprise at the state government's stance that it was proceeding slow in acquiring private land for the multi-crore Bangalore-Mysore Infrastructure Corridor Project (BMICP) "to avoid law and order problems."

"Why are you not acquiring the land? Where is the question of law and order problem? Then, don't rule the state if you are afraid. You can't survive if you are afraid," the bench had said.

PTI


First Published: Thursday, July 21, 2011, 21:42


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