The Hindu : Karnataka News : Govt. for BMIC project, but not the NICE way

Online edition of India's National Newspaper
Friday, Mar 04, 2005

Karnataka

Karnataka

Govt. for BMIC project, but not the NICE way

By Our Staff Reporter

BANGALORE, MARCH 3 . The State Government on Thursday submitted that it was keen on the continuation of the Bangalore-Mysore Infrastructure Corridor (BMIC) project but not in the manner envisaged by Nandi Infrastructure Corridor Enterprise (NICE) which is executing it.

The Advocate-General, B.T. Parthasarthy, who is appearing for the State Government, made the statement when a Division Bench comprising the Chief Justice, Nauvdip Kumar Sodhi, and Justice B. Padmaraj, specifically sought his opinion on whether the Government was interested in going ahead with the project.

The Bench was hearing a public interest litigation petition seeking a stay on all operations of the project and a direction to NICE not to create any further third-party rights on private and government lands acquired for the project pending disposal of the petition.

The petition is filed by two MLAs — J.C. Madhuswamy from Chikanayakanahali in Tumkur district, and Srirama Reddy from Bagepali in Kolar district — and S. Munne Gowda, a resident of Sanjaynagar.

They alleged that there had been large-scale illegalities in the acquisition of lands for the project. Lands that did not fall within the project area had either been acquired or notified.

They said nearly 4,000 acres of excess lands (both private and government) were notified and acquired in the name of the corridor for the formation of peripheral roads. Besides, the Government had illegally transferred or leased 1,117 acres around Bangalore to NICE.

They said NICE had mortgaged government lands to raise Rs. 150 crores. This was not permissible and it amounted to using government resources to raise funds.

The petitioners sought a Central Bureau of Investigation inquiry into the acquisition of excess lands, the agreement between NICE and Karnataka Industrial Areas Development Board, the mortgage of Government lands to raise funds and the deletion and denotification of lands.

They also wanted an independent agency to conduct an environmental impact assessment of the project and urged the court to call for all records. The petitioners prayed for setting aside all acts of the Bangalore-Mysore Infrastructure Corridor Area Planning Authority and declare it unconstitutional.

When the matter came up today, senior counsel Sanghvi, who is appearing for the petitioners, claimed that NICE had misled both the Government and the courts by not placing on record that it was not a part of the U.S.-led consortium that had in February 1995 signed a memorandum of understanding (MoU) with the Government on the project.

He said NICE had not been mentioned in the MoU. Though the consortium had prepared and submitted a project report in 1995, it had not figured in the subsequent events. Though the consortium was mentioned in the framework agreement, it was not represented when the agreement was signed between NICE and the Government.

He said he was for the continuation of the project but not in the manner planned by NICE.

The Bench adjourned further hearing on the case to March 9.

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