Dakshinamurthy
Vs. B.K.Das I.A.S & Ors. [2009] INSC 1690 (3 November 2009)
Judgment
IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CONTEMPT PETITON (C) NO.
144 OF 2006 IN CIVIL APPEAL NO. 3492-94 OF 2005 Versus [With Contempt Petition
) No.96/2007 in C.A.Nos.3492- 3494/2005 SLP)No.11829/2008 & W.P.(C)
D.No.23593/2008]
ORDER
TARUN
CHATTERJEE, J.
We have
heard the learned counsel for the parties on the Contempt Application.
After
hearing the learned counsel for the parties and after going through the
materials on record and the application for Contempt, we are of the view that
pending final disposal of the Contempt proceeding, the following order may be
passed :- By a final Judgment, this Court directed the State/respondents to
implement the Bangalore-Mysore 1 Infrastructure Corridor Project.
Unfortunately, the said project has not yet been implemented by the
State/respondents. On 4th of February, 2009, when this Contempt proceeding was
taken up for hearing by this Court, Mr. G. E. Vahanvati, learned Solicitor
General of India (as he then was) appearing for the State, stated before the
Court that the State Government has decided to implement the Judgment of the
High Court of Karnataka, as upheld by this Court, and needs time for implementation
of the decision. Unfortunately, in spite of such submission made by the learned
Solicitor General of India (as he then was), we are informed that the project
has not yet been implemented. While some argument was advanced by the learned
counsel for the parties and the Advocate General of the State, who is present
today in Court, who submitted before us that the State has already taken all
steps to implement the project and in fact, some lands have already been
allotted to the applicants. Since the learned Advocate General of the State
submitted that all possible steps have been taken to implement the project and
to act in compliance with the Judgment of this Court, we direct that the 2
State Government shall constitute a Committee to be headed by the Chief
Minister of Karnataka for the purpose of implementation of the project in
question, which will submit a report by 22nd of November, 2009 as to allotment
and possession of lands for completion of the project and such steps can be
taken within the time that may be mentioned in the report and the project shall
be allowed to be completed as per the alignment specified in the Outline
Development Plan dated 12th of February, 2004 issued by the Bangalore Mysore
Infrastructure Corridor Area Planning Authority as per the Town and Country
Planning Act.
Let this
matter be placed for further orders on 26th of November, 2009 at 3.30 PM.
..........................J. [Tarun Chatterjee]
............................J. [R.M.Lodha]
............................J.
New Delhi;
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