The Hindu                    03.04.2013

State admits excess land was notified for BMIC

Activists see the admission as a huge first step towards repairing the expressway project mess.

Crucial point:The most important point in the affidavit is the
suggestion that the excess lands might have been notified to benefit
Nandi Infrastructure Corridor Enterprises financially.— FILE PHOTO: K.
MURALI KUMAR

In a move which has left activists feeling vindicated,
the State government has admitted in an affidavit filed before the
Supreme Court that excess land was indeed notified for the
Bangalore-Mysore Infrastructure Corridor project.

The
affidavit is being seen as significant because this is the first time
the State government has officially admitted that mistakes were made in
notifying land for the project — something certain political parties,
activists as well as potential land-losers have been saying all along.

The
affidavit, which was filed in the Supreme Court on February 27, 2013,
was made public by activists of the BMIC (NICE) Viruddha Janandolana at a
press conference here on Tuesday.

7,709 acres excess land

On
behalf of the State government, the Chief Secretary has said in the
affidavit that 7,709 acres of excess land had been notified for the
project which has been at the centre of controversy ever since its
inception.

It is due to the notification of this
excess land that allegations started being levelled that the
infrastructure corridor was merely a smokescreen for a massive land grab
by the proponents of the project in collusion with their political
patrons.

Denotification

The
affidavit further states that the State government has already
denotified 2,728 acres of land that had been erroneously notified for
acquisition.

However, the most important point in the
affidavit is the suggestion that the excess lands might have been
notified to benefit the project owner (Nandi Infrastructure Corridor
Enterprises) financially.

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

“By
taking note of the agitations and controversies surrounding the project,
the State government has made a historic shift in its position,” said
Vinay Srinivasa addressing Tuesday’s press conference.

The
third notable submission in the affidavit is that the State government
is unable to hand over 20,193 acres of land required for the project to
NICE because the company has not been able to identify the lands that it
requires for the completion of the expressway.

The
affidavit states that the government had written to NICE twice seeking
details of land required by it but it had failed to furnish the same.

Commercial value

This
point assumes significance because activists have been alleging that
lands have not been identified according to survey numbers deliberately
to allow the project proponents to grab properties, according to their
commercial value.

The last important point in the
affidavit is likely to have a direct impact on the case of Sukumaran
Menon, the retired BEML employee, who has been on a fast on M.G. Road
for the last 741 days.

The affidavit says that the
Supreme Court must quash the special leave petition (SLP) filed by NICE
seeking a stay on the Karnataka High Court order delivered on June 15,
2011 in Mr. Sukumaran’s case.

Court’s observations

In
this order the court had observed that the role of ex-government
officials and others needs to be probed in addition to a probe into
evasion of stamp duty and methods employed for acquisition of lands.

“Since the observations of the High Court are serious in nature, it is felt that it will be in public interest (
sic
) to take further action in respect of certain irregularities as observed by the High Court.”

Welcoming
these submissions by the State government, Mr. Srinivasa said: “This
affidavit should act as a deterrent for officials of the Revenue and
Police Departments who tend to assist NICE in its wanton acquisitions
and demolitions.”