HC clears hurdle in NICE way Deccan Herald

Deccan Herald - HC clears hurdle in NICE way: "he High Court on Thursday directed the Bangalore Water Supply and Sewarage Board to facilitate the works of Peripheral Road and a link road part of Bangalore-Mysore Infrastructure Corridor (BMIC) project by executing and permitting the shifting, replacing and laying of water and sewage pipelines at four locations in the City, within four weeks.

Justice Anand Byra Reddy issued the direction while allowing a writ petition by Nandi Infrastructure Corridor Enterprises (NICE) that had sought a mandamus to the Board to honour its earlier commitment and allow works required to clear the way for BMIC. The court directed the BWSSB to execute shifting and replacing work of pipelines at two locations by itself, and to permit NICE to execute similar works at two other locations.
The court also told the Board to ensure commencement of the said works by completing formalities within three weeks, while directing both the Board and NICE to ensure completion of works taken up, within a week thereafter. The court further directed the BWSSB to issue public notices regarding impending disruption in water suppy during the said works and to ensure emergent water supply wherever required, while telling NICE to cooperate.

Works details
The court directed the BWSSB to execute the deviations of 1625-mm dia MS Transmission Line of Uttarahall- Kengeri Road near Channasandra, for which NICE had already deposited Rs 77.1 lakh; further, the BWSSB was directed to execute similar shifting of water pipeline at the starting point of Peripheral Road (Hosur Road) connecting the loop road towards Electronic City for which it had received Rs 30-lakh deposit.

The court asked the BWSSB to issue work orders to NICE to execute by itself the shifting of a 600-mm dia water pipeline parallel to the Ring Road near PES College, and for providing an underground drainage on Avalahalli Road near Pantharapalya village, which come in way of Link Road alignment. For these works, BWSSB was said to have agreed and received ETP charges of Rs 2.17 lakhs.

Pulled up
While opposing the petition, BWSSB had contended that it was impossible to execute or permit the said works citing reasons of inconvenience to public alone and suggested that the very alignment of roads could be altered. The court rejected its contention while pulling up the Board for its inconsistent stand. It observed that the same BWSSB Chief Engineer who had inspected and agreed to take up the said works earlier, was now stating before the court that they were impossible.

The court also rapped the Board for dragging on the issue. It observed that BWSSB officers had taken part in joint inspections of work spots in 2001 itself and the Board need not have waited all these years just to inform the company that it is not possible to shift pipelines."