Notice ordered to NICE, Govt on road alignment near Gottigere tank

Notice ordered to NICE, Govt on road alignment near Gottigere tank

Following a complaint by Vijay Raghavan, resident of Gottigere village, who owns 13.5 acres of land here, the Division Bench comprising Justice Manjula Chellur and Justice Jawad Rahim has ordered notice to the authorities. But the same has not been ordered to the CM and the Revenue Minister.

The complainant, in his application had said that NICE’s peripheral ring road project had violated the court orders dated June, 16, 1999, April; 18, 2006 and 17, September, 2006 and March 19, 2009 in connection with the allignment at Gottigere lake.

Stating that the company had indulged in wilful disobidience of the orders of the Court in collusion with the authorities, the complainant stated that the company had encroached upon two acres of tank bed area. Producing two aerial pictures, the complainant pointed out that the road constructed by the Company bisects the tank and is a clear violation of the orders of the court.   

Citing the earlier orders, the Counsel for the complainant Nagananda said that it clearly violates several court orders to protect the lake. He said that in March 2009 order, the court had directed that the allignment should be as per the earlier HC order, where it points to the order dated June, 16, 1999 in Suresh Heblikar’s petition, that the inflow of water into the tank should not be disturbed.

He also mentioned that NICE had been violating the court orders in connection with the contempt petition filed by the Gottegere Gram Panchayat in 2004.  He also pointed out that the 19, March, 2009, order too directed that the proposed alignment would not bisect the tank nor will it obstruct the inflow of water into the tank. But NICE violated the orders, he said, seeking to initiate contempt proceedings against the company, government officials and CM  as well as Revenue minister.

Submitting some of the aerial pictures to the Court, he said that the visuals clearly shows that the alignment blocks the inflow into the lake. When the Advocate General Ashok Harnahalli said that the CM cannot be blamed for this, the Counsel said that since he is incharge of Housing and Urban Development, he can be held responsible. But when the Bench sought to know whether it is the notice to the CM that matters to the complainant or preventing the work, the counsel said it is the latter that is necessary. The Bench ordered notice to the officials, but said that the proceedings will remain against the Chief Minister and the Revenue Minister. The matter has been adjourned.

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