BMIC project updates -II
Also see: BMIC track
Three Contempt Peitions
Saturday, Mar 08, 2008, The Hindu & Deccan Herald
The HC Division Bench headed by Justice V G Sabhahit gave a long hearing for the three contempt of court complaints filed with regard to implementation of BMIC project on March 7, 2008.
Case#1
Pramod Layout Citizens Welfare Association against State government and NICE.
* NICE has altered the alignment of a Link Road to ensure that it overlaps several areas of the layout.
* Due to illegal changes in alignment, lands in Pantharapalya have been acquired.
* State government & NICE have violated the HC & SC orders directing BMIC project’s implementation according to original framework agreement.
Bench heard the arguments on both sides and reserved its orders on the question of maintainability of the petition.
Case#2
V Nagaraj of Dalit Sangharsha Samiti (DSS) along with an NGO Aparna-Citizens Service Forum against State government, NICE, KSPCB and others.
* Contempt of court by violating SC and HC judgements and violating the conditions in the framework agreement
* Illegal deviations in alignments in Gottigere and Rajarajeshwari layout
The counsel for petitioners said the directions given by the High Court on the project in the Somashekara Reddy case (a PIL against the project which was dismissed) were being systematically violated. Lands in excess of what was required for the project was sought to be given to NICE, he said.
NICE refuted the allegations and said all these charges had been adjudicated by the High Court and Supreme Court when writ petitions were filed against the project. It said there was no contempt and urged the court to dismiss the petition.
The Bench then sought to know from the Government its stand on the contempt. The Government said the framework agreement was in 1998 and if a contempt petition had to be filed, it should be done as per Section 20 of the Contempt of Court Act within a year.
The Bench then posted the case for Monday, March 10, 2008.
Case#3
Karnataka State Pollution Control Board (KSPCB) against NICE
* Going ahead with the project although the KSPCB Appellate Authority had passed an interim order(2007) directing the parties — KSPCB and NICE — to maintain status quo.
Counsel for KPSB submitted that the KSPCB had asked NICE not to go ahead with the project after it detected certain deviations. The matter then came up before the High Court which had remitted the matter back to the KSPCB Appellate Authority. Although the authority had passed orders, NICE disobeyed it and continued with the construction of the project.
The counsel for NICE said the authority was not a court and that there would not be any contempt if its order was disobeyed. The authority had not passed any interim order. Besides, a Division Bench order of the High Court continued and the company had gone ahead with the project because of it.
The State Government submitted to the bench that contempt of court proceedings against NICE is not maintainable. The bench heard the arguments on both sides and reserved its orders on the question of maintainability of the petition.
Other cases & protests
NICE acquisition challenged
Saturday, Feb 23, 2008, The Hindu
Two residents of Bangalore are among the four who have challenged the acquisition of their lands by the State Government for the BMIC project. The petitioners said the acquisition proceedings are flawed and illegal.Justice Ravi Malimath adjourned further hearing of the case.
Farmers protest against NICE
Wednesday, Feb 13, 2008, The Hindu
Farmers affected by the BMIC project being implemented by the NICE took out a procession in the city seeking
return of additional land acquired for the project.
The farmers under Raitha Hitarakshana Horata Samithi, who came from the project areas including Ramanagara, Chennapatna, Bangalore North and South taluks, demanded that a plot measuring 2,400 sq. ft. should be given every acre of land that has been acquired from the farmers. “Compensation should be raised since the market value of land had increased enormously from the time of acquisition of land,” he added.
Samiti president Panchalingaiah told The Hindu that they were also demanding a service road to connect villages falling on either side of the expressway since transportation of goods between the villages had become a problem.
Further, he said that excess land acquired by the KIADB for the project should be returned to the farmers. Later, they submitted a memorandum to the Governor.
And then there is Gowdru
I tried to a take a crack at this, but it is too dense, after all Gowdru is no joke. I reverence, posting it in full.
Annul accord with NICE, Gowda urges Governor
Sunday, Feb 24, 2008, The Hindu
H.D. Deve Gowda has called upon Karnataka Governor Rameshwar Thakur to immediately annul the agreement with the NICE, which, he says, is “dodging” the execution of the Bangalore-Mysore expressway project as per Supreme Court directions.
Mr. Gowda told The Hindu here that the government should apprise courts of all facts. The memorandum of understanding for the project was signed about 13 years ago.
He said the Karnataka government had written to NICE on four occasions in recent times (when the H.D. Kumaraswamy government was in power), asking it to execute and complete the long-pending project. However, the company “is keen only to obtain nearly 2,400 acres of prime land, adjoining the proposed expressway on the outskirts of Bangalore, worth around Rs. 30,000 crore. Since the company has not evinced interest in the completion of the project, it would be in the fitness of things for the government to cancel the agreement.”
Letters to Governor
Mr. Gowda has also written four letters to the Governor in recent weeks. “The Governor, however, is yet to acknowledge the receipt of my letters, leave alone convey to me the action taken.
Given the nature of the interest shown by the company in executing the project, the agreement should be cancelled forthwith since any dispute will mean arbitration in London as per the conditions laid down in the agreement. The company can complete phase one of the three-phase project and thereafter drag the government to London.”
Mr. Gowda said an additional affidavit before the Supreme Court would enable the government to get the stay vacated and proceed with the completion of the expressway. After the Kumaraswamy government invited global tenders, NICE challenged the matter and obtained a stay.
“Now that the present dispensation itself has filed an affidavit in the [Karnataka] High Court and stated that NICE is not really interested in completing the project as per the Supreme Court directions, the same exercise should be repeated in the Supreme Court.”
In the affidavit filed (in reply to a contempt petition) here on February 4, the Karnataka government highlighted NICE’s reluctance to complete the project despite its extending all support to the company.
The Kumaraswamy government, in accordance with the directions of the High Court and the Supreme Court, had sought to restrict the execution of the project conforming to the original framework.
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Comments
fractured mandates
They are putting together the final number and all exit polls point at an uncomfortable split with no party getting full majority..all pointing to possible alliances which will take a toll on progress as these politicians will be concentrating on dirty coalition plans where money plays a big role..
very unfortunate!
BMIC - Ring Road to Uttarahalli connected
I just took a ride on BMIC Road from ORR near Hoskerehalli where the toll collection points have been constructed. Now we can reach upto Uttarahalli from Hoskerehalli. 1 km road was complete from toll collection centre near HSK. There was a lot of gap with an agricultural land and again NICE road was visible. Now, the near villagers have connected the NICE road through their village by putting nice tar through the village and have bridged the gap. Still the land is not handed over to NICE. But, most of the vehicles are taking this path and has given an expressway to the inside village.
At Uttarahalli, there is a rock which is causing the obstruction. Work is going on to remove this rock and again NICE road goes upto like 3 kms and ends. We will be almost near BSK 6 th stage where the NICE road ends.
Still, Somapura Junction to Hoskerehalli link is not completed. If completed, most of the EC travellers will opt for this route.
the saga of revenge
I have always felt that this issue has been blown out of proportions by the Gowdru family. All said and done - there is a contractual obligation and that is the crucial part. Take the case of BMIC and BIAL - why is there such an outcry? We do not know how to respect the law - and are willing to take on those who dont protest. Do we for instance, take on the real estate/land mafia (mostly politicians if not backed by them) who has encroached on the 44 lakes in Bengaluru city? Do we take on the hooligans on the road who will burn buses on the slightest pretext?
Coming back to NICE/BMIC - i am pretty sure once the road opens up - it will be very uesful for the commuting folks and hopefully will reduce the pressure on hosur road. It's commonly believed that Gowdru are sore with Kheny and co and thats the real reason they are causing such road blocks. The pollution board doesnt do much - except allow flouting of pollution rules - and their sudden awakening raises even more suspicion. While the lack of transparency is apalling - this cannot hold the project to ransom and allow sundry politicians and land owners (not farmers -- not once has gowdru provided the list of the 'poor farmer's whose land has been taken away ) to play their games.
Peripheral road at least
I wish they would at least let these guys complete the peripheral road and force them to extend it from Peenya to NH7.
Srivathsa
Drive safe. It is not just the car maker which can recall its product.
Sunny days for BMIC..
With the election results..it can easily be foreseen that BMIC hurdles will be removed if either BJP or Congress coming to power..
That is considering Dal out of fray for doing what ever they did few months ago..
anyways the court cases getting in favour of BMIC itself is an indicators for the cloud clearing!
BMIC Project
It's a matter of disgrace that various vested interests are not cowed down by the laws of the land, the rap on the knuckles by the apex court and HC, and continue to resort to all kinds of skull duggery to malign this project and create more and more hurdles. This is one of the biggest infrastructure projects under PPP and the more it is delayed, the more loss to the implementors, the public and setback to development. It is clearer day by day that the politicians and their cohorts do not care for contractual obligations. They are only seeing the eldorado that they missed out on, by giving the contracted lands to the developer. One hopes the Centre will take note of the SCs displeasure at the way this project is being attacked by the State Govt and vested interests and ensure release of lands while the President's rule is on.... Madhu
Madhu
KSPCB petition dismissed
http://www.thehindu.com/2008/04/18/stories/2008041854610800.htm
The Karnataka High Court on Thursday April 17th, dismissed a contempt petition against NICE, its managing director Ashok Kheny, and seven directors of the company.
The Karnataka State Pollution Control Board (KSPCB) had filed a contempt petition against NICE and its officials for disregarding a status quo order passed by the KSPCB Appellate Authority asking NICE not to go ahead with the construction of the Bangalore-Mysore Expressway.
NICE is constructing the expressway as part of the BMIC project. The KSPCB Appellate Authority had claimed that NICE had deviated from the original project design as envisaged under the framework agreement (FWA) and had asked it to stop work.
It then filed a contempt petition in the High Court, alleging that NICE had disregarded and disobeyed its order not to go ahead with the construction.
A Division Bench comprising Justice V.G. Sabhahit and Justice Ravi Malimath said prima facie there was no disobedience of order made at for framing of charges against Mr. Kheny and others. It dismissed the contempt petition and discharged all the respondents.
NICE reaction
NICE has expressed happiness over the dismissal of a contempt petition filed by the Karnataka State Pollution Control Board against it in the Karnataka High Court.
“Our unwavering faith in the judicial system is upheld by this decision of the High court”, the NICE said in a statement here on Thursday.
Updates to HC cases
The Hindu, http://www.hindu.com/2008/04/05/stories/2008040554810500.htm
The Karnataka High Court on Friday reserved for orders a contempt petition by the KSPCB against NICE. A Division Bench comprising Justice V.G. Sabhahit and Justice B.V. Nagarathna also adjourned several other petitions on the issue.
question: what does "reserved for orders" mean? anybody know?
Background (quick summary of the posts above):
The KSPCB had filed a contempt petition against NICE for going ahead with the Bangalore-Mysore Expressway project despite a stay order by the KSPCB Appellate Authority. The Dalit Sangharsha Samiti (DSS), along with non-governmental organisation Aparna-Citizens Service Forum, filed another contempt petition against NICE for violating the conditions in the framework agreement and making deviations in the project.
Another contempt petition by Pramod Layout Citizens’ Welfare Association had said that NICE had altered the alignment of a Link Road to ensure that it overlaps several areas of the layout.
When the matter came up, the KSPCB said NICE had gone ahead with the project though the KSPCB Appellate Authority had passed an interim order directing the parties-KSPCB and NICE to maintain status quo.
The KSPCB said NICE was asked by it not to go ahead with the project after it detected certain deviations in the formation of the road. The matter then came up before the High Court, which had remitted the matter back to the KSPCB Appellate Authority.
Though the authority had passed orders, NICE had continued to disobey it and continued with the project. It urged the court to frame charges against NICE for committing contempt of court.
Contesting these submissions, NICE said the authority is not a court and that there would not be any contempt if its order was disobeyed.
Moreover, no interim order was passed by the authority. Besides, a Division Bench order of the High Court continued and the company had gone ahead with the project because of it.
The Bench reserved for orders the contempt petition by KSPCB, while adjourning other cases.
No clarity
There is absolutely no clarity in this NICE project. But keeping everything aside ... why can't Mr.Kheny just build the road, collect toll, forget about the townships and be happy.
It pains to see so much farmland being converted to concrete housing areas and townships. Common sense tells that this will be an environmental hazard - you don't need someone from KSPCB to vouch for the impact.
Devegowda's brand new letter to the guv
Deccan Herald , S. Rajendran, The Hindu
Deve Gowda has charged the State government with deliberate, calculated and concerted moves to hush up the fraud in the controversial Bangalore-Mysore Infrastructure Corridor (BMIC) project by not presenting the States version before the Supreme Court recently. He has accused the Karnataka administration of attempting to mislead the Supreme Court.
Background
During the hearing on a contempt petition filed by NICE against the Karnataka government, the Supreme Court issued notices to several top bureaucrats of the State for not abiding by its order relating to the implementation of the project. Among those served with the notices are the Chief Secretary, the Additional Chief Secretary and the Principal Secretary, Revenue Department, and they have been directed to respond within six weeks. (See above)
Devegowda's letter
In a four-page, strongly-worded letter to Governor Rameshwar Thakur on Tuesday, Gowda stated: “The current dispensation was mute in the Supreme Court (on its March 25 hearing) to hush up the fraud amounting to Rs 30,000 crore...
By not presenting the right version of the case to the court, the Government is disassociating from the stand the previous Government had taken that it was NICE which was not willing to implement the project as per the apex court judgement, he stated.
He further charged that “any such move by the administration which is not representative of people of State will present a picture of planned conspiracy and collusion at the highest level to legitimise massive fraud by the company.”
Mr. Gowda, who has already written four letters in as many months to him on the expressway project, said that “after having assured me on holding further discussions on the issues raised by me what has unfolded in the form of the conduct of the Advocate-General during the hearing before the Supreme Court on March 25 looks premeditated, was unprecedented and shocking and amounted to a total sell-out to NICE limited.” “Not once the AG opened his mouth to read out the State’s affidavit during the hearing.”
Mr. Gowda told the Governor that he was writing the letter with a great sense of anguish and pain to register “my protest on the abject surrender of the interests of the people of the State … before the Supreme Court on March 25 last by … failing to present the version of the State that it is the project company which is not willing to implement the expressway project as per the judgment of the Supreme Court. I am also dismayed that the State chose to field Advocate-General B.V. Acharya despite your attention being drawn to the fact that the Advocate-General had been representing the NICE company as its counsel and this will lead to clash of interest …”
Mr. Gowda drew the Governor’s attention to an affidavit filed recently in the Karnataka High Court wherein the NICE company, “has been accused of obtaining ownership of 2289 acres of land valued at Rs. 30,000 crore … I had requested that the State engage a competent and independent legal team sans the Advocate-General to fight the case in the Supreme Court and that the suppressed records be produced before the apex court along with an additional affidavit. Nothing has been done in this direction.”
Mr. Gowda alleged that the administration was “not rendering honest and sincere assistance to the court and not even pointing out what has been put on judicial record by the State in the High Court...”
NICE CASE POSTED TO JUNE 4
NICE counsel on Wednesday alleged that owners of certain land in Gottigere had used contempt of court proceedings to persuade the State government to drop their land’s acquisition. The allegations were made before the High Court Bench hearing a contempt case filed by two land owners, Vijayaraghavan and Sujatha, against the State Government.
Allowing NICE’s request, the Court clubbed the case with NICE’s writ petition challenging the Government order changing alignment of BMIC peripheral ring road at Gottigere. The Court however rejected its plea for early hearing of the matter before the court’s summer vacations, starting from April 21, and adjourned the case to June 4.
AG's response to Gowdru
The Hindu, http://www.hindu.com/2008/04/05/stories/2008040554110400.htm
Mr. Deve Gowda, in a letter to Governor Rameshwar Thakur had alleged that the Advocate-General had maintained silence when the contempt petition came up for hearing on March 25. This had resulted in the apex court serving notices on several senior officials of the State Government.
Mr. Acharya, in a letter to the Governor, said: “When the lawyers chosen and briefed by Mr. Deve Gowda argued the cases against NICE in the Supreme Court, the court had not only dismissed the State’s appeal but imposed cost of Rs. 5 lakh. Consequently, the then H.D. Kumaraswamy Government had to suffer embarrassment by paying the costs. However, my silence before the Supreme Court did not result in any such ignominy to the present Government.”
He said: “When I appeared before the Supreme Court on March 25, I had definite instructions from the State Government that the cases should get adjourned beyond summer vacation. Even as the case was taken up, the court indicated that the cases will be posted to second week of August. In the circumstances, I had no occasion to argue and it is not a healthy practice to continue arguing when the court decides to grant the relief required.”
Supreme Court contempt against GoK and babus
Now that the Apex court has thrown the book at these Babus and the GoK for trying their best to stall the project, despite the court's instructions to faciltate it, what is going to be the outcome? What can the court do to force these guys and GoK to obey its orders? Will the govt release the pending lands to NICE to complete the peripheral road connectivity at various points? What if they still keep their collective heads in the sand and do nothing? The court should make them release the lands at once, so that this long suffering project is completed and provides the major fillip to connectivity and also to commerce....
Madhu
Madhu
NICE's petition to SC
DH News Service, New Delhi
The Supreme Court on Tuesday issued a contempt notice to top bureaucrats of Karnataka, for not abiding by its order to implement the Bangalore-Mysore Infrastructure Corridor Project (BMICP).
The Supreme Court asked the Karnataka Chief Secretary; the Additional Chief Secretary, Public Works Department; the Principal Secretary, Revenue Department and the Secretary, Urban Development to respond in six weeks to a petition filed by NICE alleging that the State government had violated the court order of April 20, 2006.
A bench of judges Arijit Pasayat, P Sathasivam and Aftab Alam said, “The officials are being issued notices to file their replies on the contempt application.” The court exempted top officials from appearing in person before it and adjourned the matter till August second week.
Karnataka government advocate Sanjay Hegde sought the adjournment on the plea that the State is under the Central rule and that there is no elected government to take a decision. A decision in the matter could be taken only after an elected government takes over the administration, he added.
NICE advocate Ashok Desai countered the arguments and submitted that the previous government headed by Chief Minster H D Kumaraswamy had deliberately delayed the execution of the project.
Contempt notices have also been issued to the Special Deputy Commissioner, Karnataka Industrial Area Development Board; the co-ordinator, BMICP and the Member-Secretary, Bangalore-Mysore Infrastructure Corridor Area Planning Authority.
These officials are “guilty of having committed willful disobedience of this court order by diverse acts attributable to them, individually and collectively and therefore guilty of contempt of court and are liable to be proceeded against and punished in accordance with law”, said the petition filed by the NICE.
Karnataka had contended that it had initiated a new global tender process on September 17, 2007. It alleged that the contractor was not interested in implementing the project as conceived originally and despite the direction of the apex court, the execution was lagging behind by years due to the contractor’s fault.
According to the framework agreement (FWA) signed on April 5, 1997 between the Karnataka government and the developers, the NICE had the right to saleable land of 5937.3 acres in five townships, which was worth Rs 31,250 crore at the lower spectrum of the present value, whereas the cost to construct the expressway, peripheral road and link road would be a maximum of Rs 3,000 crore. The company had also been given the right to collect toll tax for 30 years, which would be in terms of billions of rupees, the application filed earlier by Karnataka had said.
HC ruling
The Karnataka High Court in its judgment delivered on September 21, 1998 in the Somashekhar Reddy case held that the company was entitled to sell only 45 per cent of the available land in the five townships and the roads would be handed over to the government after the lapse of the lease period. The Supreme Court on April 20, 2006 upheld the Karnataka High Court order and directed the parties to stick to the clauses of the original agreement. The apex court had also directed the Karnataka government to ensure the smooth execution of the project.
RTI ?
Wondering why no one has filed an RTI with KIADB or GOK to get access the OFW and related "notes" and ammedments. ? There is every attempt is made by either parties to cover up wrong doings.
Prasad
OFW RTI
updates to the OFW related case
NICE, State to maintain status quo on alignment at Gottigere lake
The Hindu
The Government made the submission in response to writ petitions by two residents of Gottigere — J.B. Suhail and J.B. Arif — who had challenged the acquisition of their lands for the BMIC project.
The petitioners said their lands were no longer required as the alignment of the peripheral road at Gottigere lake had been changed.
They said their lands were not notified for acquisition when the original framework agreement was signed between NICE, which is executing the project, and the State. However, the alignment was changed subsequently and their lands were notified for acquisition.
They said on January 29, 2003, KIADB issued a notification seeking to acquire their lands.
Opposing the petitions, the State said as per the Supreme Court decision and the provisions of the Land Acquisition Act, lands once acquired by the State could not be given back to the owner. It said the lands were acquired by the KIADB for the project. It had addressed three letters to NICE asking it to furnish the final design of the road. But, NICE had so far not responded to the letters.
NICE said it had challenged the change of alignment and a decision was awaited.
Justice Ashok Hinchigeri asked both parties to maintain status quo on the Gottigere lake and adjourned further hearing on the case.
The issue of final design keeps cropping up.
I wonder why the final land requirements cannot be made public by NICE.
If everything were normal then land-once-acquired-cannot-be-returned makes sense. But in this project, there is the land that the state has acquired for the project and then there is the land that NICE is building on. ondakond sambanda ne illa. how fair is to for the residents then?
yet another OFW related WP
confidential
agreements