Tuesday, May 3 2005 17:06 Hrs (IST) - World Time -

Bangalore: In an embarrassment to the Congress-JDS (Janata Dal Secular) coalition Government, the Karnataka High Court today (May 3, 2005) ordered that the Chief Secretary and another official be prosecuted for "perjury and withholding" documents on the controversial Rs 2250 crore Bangalore-Mysore Infrastructure Corridor (BMIC) project.

Chief Justice Naudip Kumar Sodhi and Justice B Padmaraj, constituting a division bench, directed the Registrar General of the court to file a complaint to prosecute Chief Secretary K K Misra and Under Secretary M Shivalinga Swamy under Section 344 of the CrPC after finding them guilty of "perjury".

The bench quashed the Government order constituting the Expert Committee and the Review Committee to review the BMIC project and to probe whether irregularities have taken place in allotment of land for the four-lane expressway project.

The judges in their observation said "they are clearly of the view that the change of stand by the State Government on the project was not because of fraud or misrepresentation but was because a new Public Works Department Minister sent a note on July 6, 2004 to his principal secretary pointing out allegations made by Former Prime Minister H D Deve Gowda that excess land has been acquired".

H D Revanna, son of Gowda, holds the PWD portfolio.

The court allowed two writ petitions seeking a direction to Nandi Infrastructure Corridor Enterprises (NICE) to complete the project and dismissed two PILs filed by J C Madhuswamy and G V Sriramareddy, both MLAs praying for a probe, with a cost of Rs 50,000 to be paid within four weeks.

The bench directed the NICE to execute the project as expeditiously as possible.

It also directed the State Government to go on with the project as was envisaged in the Frame Work Agreement.

On the State charge that NICE had committed fraud and made misrepresentation, the judges observed that the Advocate General's argument in this regard cannot be taken and documents given to the court clearly belies the submission of the Government that it was unaware of the assignment for execution of the project by the consortium members to NICE.

The submission that the Frame Work Agreement was a result of fraud and misrepresentation does not hold water, the judges observed.

The All India Manufacturers Association, Mumbai and Modamani, former Mayor of Mysore, had filed two writ petitions seeking direction to the State to execute the project while Madhuswamy and others sought a direction to put an end to the project and also hold an enquiry.

The judges, who had heard the public interest writ petitions, had reserved the judgement before vacation of the court.

In the wake of the court verdict, the State Cabinet is expected to meet this evening.

Welcoming the court verdict, NICE managing director Ashok Kheny said they would dedicate portions of the first phase of the project by August 15 this year.

After the Congress led coalition Government assumed office, it set up an expert committee headed by former PWD secretary K C Reddy to review the project in the wake of reported pressures from JDS supremo Deve Gowda who had openly expressed apprehensions about alleged acquisition of "excess land" by NICE for real estate purposes.

Gowda had stepped up pressure on the Government alleging that the NICE had converted the project into a real estate project and wanted a probe into its affairs.

The Committee suggested withdrawal of land to the extent of 1445 acres, which according it was given in excess.

The Government had declared that it would recover the excess land and return it to the farmers.

Speaking to reporters, Kheny said NICE hoped that the Government would take "stringent and criminal action against those politicians and officers, who have misled the State Government and have rendered the State financially liable and caused undue losses to the State exchequer, by continuously spreading false misinformation through selective and distorted data on the project".

To a query, he said he would take legal action against those who had "tarnished our image, put hurdles (for the project) and defamed us". Asked if it included Deve Gowda, he said, "Yes".