NON REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CONTEMPT PETITON (C) NO. 144 OF 2006 IN

CIVIL APPEAL NO. 3492-94 OF 2005     DAKSHINAMURTHY                       ..PETITIONER

Versus

B. K. DAS I.A.S. & ORS.    …RESPONDENTS

[With Contempt Petition © No.96/2007 in C.A.Nos.3492- 3494/2005 SLP©No.11829/2008 & W.P.(C) D.No.23593/2008]  

     O R D E R    

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  

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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  

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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]  

New Delhi; ……………………….J. November 03, 2009        [Deepak Verma]         

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