SC orders notice to Karnataka govt, NICE on plea against denotification of land

The Supreme Court has issued notice to the Karnataka government and others on a plea challenging the orders in connection with denotification of over 13 acres of land in Bengaluru proposed to be acquired for Nandi Infrastructure Corridor Project.

A bench of Justices Sanjiv Khanna and M M Sundresh sought a response from the state government and the project proponent within six weeks on the petition filed by Balaji Srinivasan on behalf of Sujatha Vijay and another.

The court also ordered the parties to maintain status quo with regard to subject land till the next date of hearing.

The petitioners challenged the validity of January 3, 2023 order by Karnataka High Court's division bench which had dismissed the appeal against a single judge order, rejecting their plea.

In their plea, the petitioners contended the High Court committed a "substantial and gross error" by ignoring the Supreme Court's judgement in the case of Bangalore Mysore Infrastructure Corridor Area Planning Authority of May 19, 2020. The top court had then declared that the project proponent cannot rely on official development plan or master plan notified by the planning Authority and the project proponent is obliged to develop the project only in the manner, provided for in the framework agreement.

"The High Court also committed a gross and serious error in relying upon a misleading Google map submitted by the project proponent which is manipulated to include the appellant's land," the plea said.

The court asked the project proponent and others led by senior advocates Mukul Rohatgi, Neeraj Kishan Kaul and C A Sundaram to file their rejoinder within six weeks of the service of the notice and put the matter for consideration in month of August 2023.