In a move that could possibly bring relief to people fighting for
their land in the Bangalore-Mysore Infrastructure Corridor (BMIC) area,
the State government for the first time has admitted that excess lands
have been notification for the project.

The government, in an
affidavit filed before the Supreme Court on February 27, has admitted
that 7,709 acres of excess land have indeed been notified for the BMIC
project being carried out by Nandi Infrastructure Corridor Enterprises
Ltd (NICE).

“The State government is supposed to acquire 13,237
acres of private land, including 5,500 acres for toll road and 7,737
acres for five townships, according to the Schedule-I of the framework
agreement.

“However, the state government has issued notification
to the extent of 20,946 acres of private land under section 28 of the 
Karnataka Industrial Areas Development Act. Thereby, 7,709 acres have
been notified in excess,” the affidavit said.

Interestingly, the
State government also stated that it attempted twice to elicit
information regarding the details of land required by NICE, however, it
had failed to furnish the same.

“The State government is unable to
hand over land  for completing the project (20,193 acres required for
the project in the light of impugned High Court order of 15 June, 2011)
as NICE has not been able to identify the lands.”

The affidavit
further states that the State government out of the 7,709 acres that had
been erroneously notified for acquisition, had already de-notified
2,728 acres on March 25, 2004.

Decision on denotifying the rest of the lands will be taken soon.

“Various
organisations and land owners are demanding de-notification of the
remaining 4,981 acres which are not required for the project and they
have been agitating stating that the company is seeking excess land,
particularly close to Bangalore, and the land is being handed over by
the Government to help the project company financially,” the affidavit
states.

The affidavit says that the Supreme Court must quash the
SLP filed by NICE seeking a stay on the Karnataka High Court order
delivered on June 15, 2011, in Sukumaran’s case, and that it is in the
‘public interest’ to take further action in respect of certain
irregularities as observed by the High Court.

Vinay Srinivasan,
member of Alternative Law Forum and BMIC Viruddha Janandolan, said the
government changed its stand following the sustained protests.

However, NICE officials claimed they do not want any land in excess of 20,193 acres required for the project.