BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY Vs. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED

JUDGEMENT

(1.) These appeals filed by Bangalore Mysore Infrastructure Corridor Area Planning Authority[1] and the State of Karnataka[2] are directed against the common judgment and order dated 15.10.2019 passed by the High Court of Karnataka at Bengaluru[3] in Writ Petition Nos. 16576-16577/2015 and 18481-18491/2015 (GM-RES), whereby the High Court quashed the communication bearing No. BMICAPA/339/Praa.Pra.Pa./1541/2011-12 dated 7.2.2015 issued by the Planning Authority rejecting the application made by the respondent No. 1 - Nandi Infrastructure Corridor Enterprise Limited[4] and respondent No. 2 Nandi Economic Corridor Enterprises Limited[5][6], dated 5.5.2012, for permission to develop a group housing scheme under the Framework Agreement dated 3.4.1997[7] in different survey numbers at Kommagatta village, Kengeri Hobli, Bangalore South Taluk (at interchanges 5/7 of peripheral road) covering 42 acres 30 guntas of land. The High Court additionally directed the Planning Authority to issue Commencement Certificate to the Project Proponents in terms of application dated 5.5.2012, within six weeks from the date of receipt of copy of the High Court's order.

(2.) This is the fifth round of litigation pertaining to the Integrated Infrastructure Corridor and Finance Project[8] situated between Bangalore and Mysore, Karnataka, consisting of residential, industrial and commercial facilities, such as, among other things, self-sustaining Townships, expressways, utilities and amenities including power plants, industrial plants, water treatment plants and other infrastructural developments, as more specifically described in the Infrastructure Corridor Project Technical Report[9] dated August, 1995, as amended.

(3.) The first round of litigation was in the form of a public interest litigation filed by H.T. Somashekar Reddy before the High Court, questioning the requirement of land for the Project as per the FWA for development of industrial infrastructure facilities (residential, commercial, industrial etc.) and to quash the FWA besides directing an enquiry to be conducted by Central Bureau of Investigation[10]. That challenge was rejected by the Division Bench of the High Court vide judgment and order dated 21.9.1998 in Writ Petition No. 29221/1997 Reported as H.T. Somashekar Reddy vs. Government of Karnataka and Anr, 1998 SCC Online Kar 609 and which decision came to be affirmed by this Court on 26.3.1999 in SLP(C) No. 4922/1999, dismissing the said special leave petition in limine.