The outline development plan, approved by the Bengaluru-Mysuru Infrastructure Corridor Project Authority (BMICPA) in February 2004, deviated from the original framework agreement signed by the JD(S) government headed by the late J.H. Patel in 1997, said Union Minister H.D. Kumaraswamy, who called it “illegal.”

The BMICPA was then headed by Chief Minister D.K. Shivakumar, who was also the Urban Development Minister, he said at a press conference on Tuesday.

“The original framework agreement (FWA) was approved by the Cabinet in 1997 and the modification to it did not go back to the Cabinet as per procedure. In 1999, when the promoter sought modification, the government had told him Cabinet approval was needed for any modifications. The Karnataka High Court and the Supreme Court had asked NICE to conform to the FWA,” he added.

Despite this, he said, while the FWA provided 20,193 acres to BMICPA, including 6,999 acres to the road project, as approved by the Cabinet in 1997, the outline development plan was modified. He said that though the total extent of land was maintained at 20,193 acres, the area for road project was increased to 9,488 acres. Besides, he pointed out, the BMICPA increased the outline development plan to the extent of land to three townships closer to Bengaluru by reducing the extent of area in two townships.

Lakes affected

“The FWA did not affect any lake, but due to modifications in the outline development plan, 15 lakes were affected. Modifications were brought wherever they wanted and was against the FWA, the previous Cabinet decision, and orders of the Karnataka High Court and the Supreme Court. NICE had submitted an affidavit in the High Court that it would construct road on 6,999 acres. Who gave permission to this? Was this taken back to the Cabinet for approval? Was there transparency? Has there been an audit of BMICPA?” asked Mr. Kumaraswamy.

‘Why no action earlier?’

When asked why these decisions were not revisited during his 20-months’ tenure as Chief Minister in 2006-2007, Mr. Kumaraswamy said: “The outline development plan could not be particularly cancelled because of ongoing court cases, including contempt. They have all been cleared now. However, my government cancelled the tripartite agreement between the government, NICE, and Nandi Economic Corridor Enterprise signed in August 2002, that allowed sale of land or mortgage. The agreement had also allowed for arbitration in London in case of dispute.”