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
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
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
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.