GOVERNMEN'r OF KARNATAKA.

Ref: PWD155/CRM95/EC-4/99-2000

Karnataka Government Secretariat Public Works Department

MS Buildings.S" Stage, Room No.DOl Dr. B. R. Ambedkar Veedhi Bangalore 560 001

Date: 17th March 2000

I am directed to enclose herewith the minutes of the Fourth Empowered Committee meeting held on Tuesday, the 71il March 2000, in committee room no.313, Vidhana Soudha, Bangalore for kind perusal with a request to take necessary action pertaining to your

department for Ihespeedy implementation of the BMIC Project. . .... "' _ .. -. """"

Yours faithfully

y

12

~~a1/!~(/t;A~ /. J CR. BasavarajpJ' - Zf/'3 / t i

Project Coordinator - BMICP' Pubiic Works Department

To:-

(1). The Addl. Chief Secretary to Government, Vidhana Soudha, Bangalore

(2). The Addl. Chief Secretary to Govt, & Development Commissioner.

(3). The AddL Chief Secretary to Govt (PWD & Housing Depts)

(4). The Addl. Chief Secretary to GOV! - Forest, Environment & Ecology.

(5). The Principal Secretary to Govt., Finance Dept.

(6). The Principal Secretary to Govt., Commerce & Industries Department.

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r (7). The Principal Secretary to Govt., Revenue Dept.

(8). The Principal Secretary to Govt., Housing Dept.

(9). The Principal Secretary to Govt., Infrastructure Devpt Dept, MS Buildings

(10). The Principal Secretary to Government, Energy Dept.), MS Buildings

(11). The Principal Secretary to Govt, Urban Development Department.

(12). The Chairman & Managing Director, KSIIDC, Cunningham Road, Bangalore.

(13). The Secretary to Government, Law Department, Vidhana Soudha

(14). The Secretary to Govt., Public Works Dept, MS Buildings

(15). The Metropolitan Commissioner, BMRDA,Ali Asker Road.Bangalore

(16). The Secretary to Government, Ecology & Environment Dept.

(17). The Chairman, KPTCL, Cauvery Bhavan, KG Road, Bangalore . (18). The Secretary to Govt, Irrigation Dept, MS Building.

. '.

. .

(19). The Chairman, BWSSB, Cauvery Bhavan, K G Road, Bangaiore.

(20). The Commissioner, BMP, Bangalore

(21). The Principal Chief Conservator of Forests, Aranya Bhavan, Bangalore ~ The Special Dy.Commissioner, KIADB (BMICP). M G Road, Bangalare. (23). The Addl. Secretary to Chief Minister, Vidhana Soudha, Bangalore

(24). The Managing Director, N1CEL., M G Road, Bangalore.. .

... Gz,s). . ~e Project Co-Ordinator (BM.ICP),Public.Works De'partment,-.

CC:- The Private Secretary to the Chief Secretary ,Govt. of Karnataka, for information - with a request to bring to the kind notice of the Chief Secretary.

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1/i?(7~;'L£ IH_l7!/~L

CR. Basavarajn) ,,~/ -3 ~!)

Project Coordinator'L BMlep / Public Works Department

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M1NUTES OFTHE FOURTH ElY1POVYERED COMTYllITEE MEETiNG HELD ON TUESDAY, THE 7TH I'IJARCH 2000, IN COI'Yll'YlITTEE R001\1 NO.313, YIDHANA SOUDHA, BA,l~GAJ.,ORE.

Membe'S Present:-

Sriyuths & Srnt,

(1). B. K. Bhattacharya, Chief Secretary - In the Chair.

(2). Teresa Bhattacharya, Additional Chief Secretary to Govt, & Development

Commissioner.

(3). V Balasubramanyam, Addl Chief Secretary to GOV! (PWD & Housing Depts)

(4). C Gopai Reddy, Principal Secretay to GOV!., Finance Dept.

(5). B. S. Patil, Principal Secretary to Govt., Commerce & Industries Department.

(6). K. P. Pandey, Principal Secretary to Govt., Revenue Dept.

(7). Dilip Rau, Principal Secretary to GOVL, Housing Dept.

(8). K Bhaktavatsala, Secretary to Government, Law Department

(9). B. U. Chengappa , Secretary to Government, Forest - representing the ACS to Govt - Forest, Environment & Ecology.

(10). Siddalingaiah, Dy. Secretary to Govt, lnfrastructure Devpt, Dept, Representing the Principal Secretary to Govt., Infrastructure Devpt Dept.

(11). M. D. Ravindranath, Dy. Secretary to Government, Energy Dept (Representing the

Principal Secretary to Government, Energy Dept.) .

:(12). R.M.Hegci'e, It. Director= Town' Planning, representing the' Principal Secretary en Govt, Urban Development Department.

Leave of absence granted to :-

(1). Smt Achala Moulik, AddL Chief Secretary to Govt.

(2). Mr. Neelakantaraj, Chairman & Managing Director, KSIIDC

(3). Mr. R. A Audi, Secretary to Govt., Public Works Dept.

Invitees:

SIiyuths:

(1). (2). (3).

(4). (5). (6). (7). (8).

./'

v('j).

(10). (11),

', ...... ~~ .' .

Rin Sanga, Metropolitan Commissioner, BMRDA

M. K. Shankarlinge Gowda, Addl. Secretary to Chief Minister

Dr. M. H. Balakrishnaiah - Representing the Secretary to Government, Ecology & Environment Dept.

G. M. Dastapur, Chief Engr, Blv1AL, representing the Chairman, KPTCL.

R.S. Naik, Joint Secretary to Govt, representing the Secretary to Govt, Irrigation Dept, K Rarnesh, Engineer-in- Chief, BWSSB, representing the Chairman, BWSSB.

R. Jaiprasad, Engineer-in-Chief, EMP, representing the Commissioner, BMP

Kanwar Pal, Conservator of Forests, representing the Principal Chief Conservator of Forests .

Kllees Siraj, Special Dy.Cornmissioner, KIADB (BMlCP). Ashok Kheny, Managing Director, N1CEL

R. Basavaraju, Project Co-Ordinator (BMlCP), PWD.

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1.0 Confirmation of the Minutes of the 3n:1 Empowered Commjttce jYieeUng held on 10th Feb 1999.

No comments are received and hence confirmed.

2.0 Action taken on the Minutes of the 3n:1 Empowered Committee Meeting.

The committee noted the action taken by different departments as followup.

3.0 Subjects taken up for discussions :-

3.1 Modification of Frame Work Agreement

NlCE Limited explained the proposal mooted by t he Company 'regarding the modification to the Frame Work Agreement. The Secretary to Government, Law Department has endorsed the same.

The proposal is implement the project in three phases as against Six Phases as provided in the Agreement and to treat the three phases as separate entities has been agreed. After detailed deliberations, the committee recommended for the modification suggested to the framework Agreement 'and resolved that the matter be brought before the cabinetfor decision.

3.2 FlXing of price for the Government Land procured bv Company for commercial exploitation.

The committee noted that Government have already transferred all Government land on lease basis to the Company through KIADB. Regarding the Government land required for commercial development, the same would be purchased by the Company. The Company's representative explained the committee that some more time is required to accurately plan the land use for the development in the corridor in accordance with the BMICPA's ODP/CD.P

, which is yet to be formulated. TheChairperson s- BMICPA I Member of the Committee confirmed that formulation' of developmental plan is under progress.

The Project Co-ordinator - BMICP informed the committee that the file relating to fixation of price for Government land to be purchased by [he Company for Commercial Developmental' activities has already been

submitted to Revenue Department as opined by the Finance Department. It'

was resolved that the Revenue Department may take action in consult at ion with Finance Department by 7rl1 Apri12000.

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3.3 R&R Packages

The Project Co-ordinator - BMICP informed the Committee that the proposal of R&R Package submitted to the Revenue Department has been withdrawn at the request of the Company for re-examination. The committee after detailed deliberations, advised the Company to submit a R&R proposal for the approval of the Government at the earliest.

3.4 Public Hearing for Environmental Clearance.

The Committee took note of the fact that the dates for the Public Hearing of the projects have been confirmed on gUt, 131b. & 15 til of March 2000 for Bangalore Urban & Rural, Mandya and Mysore Districts respectively.

3.5 Clearance bv Government of India for transfer of Forest Land to the Company

The committee observed that the proposals for transfer of 168 acres of forestland for the project is under process with the State Forest Department, The representative of the Forese Depanment informed the committee that the proposal of the. Company regarding the requirement of forest land for the

. project and the corresponding' compensatory' afforestation' proposal in accordance to the conservation of Forest Act, will be sent to the Ministry of Environment & Forests, Government of India shortly for necessary approval.

3.6 Approval to Toil Franchise Agr~ement:

The committee cook note of the fact that the Toll Franchise agreement is related to clearance of the modifications of Framework Agreement. The Committee resolved that the Law Department should vet the same early, if necessary, by taking the services of Consultancy firms, who have the expertise in such areas .

. -, , .. ~ •• ~ ".'. :- ;·i"

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3.7 Encroachment / Unauthoriied construction:

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The committee noted that KlADB has cleared the encroachment of the Government Land at Kengeri. Regarding BOA layout coming on the Link Road alignment, the Committee decided that a detailed note be given to the Chief Secretary to take up the matter with BDA for necessary action.

3.8 Supp1v of water to BMICP : 'Vater from River Cauverv~

The committee noted that the proposal forwarded by the company is under examination with Irrigation Department. The representative of the Irrigation Department has explained in detail the water allocation to Bt-.lICP and stated that there is no problem in giving the said clearance to draw 2

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me of water from Cauvery River. It is resolved that the Government Order will be issued by Irrigation Department accordingly by 14th March 2000.

3.9 Water from BWSSB on temporarY basjs:

The Committee noted that the Company has not submitted its proposal for the requirement of water for the initial phase of development of the corridor. In addition to the above the Company is seeking 85 MLD of secondary treated water from BWSSB for non-potable purposes.

The committee advised the representative of the Company to submit the proposal to BWSSB through PWD.

3.10 No construction zone:

The committee took note that the recently formed BMICAP A has sent the proposal for declarin

construction zone.

4.0 Anv ather Subject:

The representative of Company has informed the Committee that

Government Order in respect of Amendment to Section 18 & 18A of KTCP Act 1961 is yet to be issued by Government. The Committee suggested to the representative of the Urban Development Department to look into the proposal and expedite the matter.

The meeting concluded with thanks to the Chair.

SdI~

(E. K. BHATTACHARYA)

Chief Secretary to Government & Chairman - Empowered Committee of BMICP

121L

.: 7/~a!Yt1(_('!v

R. BASAVARAJU/ ;;·t;l-2jfiJ

Project Co-Ordinator (l3MICP) ,

Public Works Department

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AGENDA AND NOTES FOR THE 4tla EMPOWERED COMMITTEE MEETING TO BE HELD ON 21.T JANUARY· 2000. IN THE COMMITTEE ROOM NO.313. 3RD FLOOR. V1DHANA SOUDHA. BANGALORE AT 11.00 A.M

***

SUBJECT NO.1 : Confirmation of the Minutes of the 3rd Emp9wered Committee Meeting held aD 10/02/99

The Minutes of the said Meeting has been sent to all the concerned members vide PWD/ 155/CRM/95, dated l.t March 1999, a copy of the same is enclosed herewith for the perusal of the members. Since, no comments are received from any of the members. it is requested to confirm the same.

SUBJECT NO.2 : Action taken on the Minutes of the 3rd Empowered Committee Meeting

(i) Lease of Revenue Land for Right of Way:

PWD had already transferred 1,455 acres of Government land in its control to KIADB for onward transfer of the same in favour of NICEL.

.(ii) Sale of Revenue Land other than the Right of Way:

Based on the recommendations of the Committee chaired by the Revenue Secretary, consisting of Deputy Commissioners of respective districts in which the land is situated, Special Deputy Commissioner, KIADB (BMICP) and the Secretary PWD. a, cabinet note was moved for recommending the sale price of the Government land to the Company at 10% of the District Average Guidance Value of the land. The cabinet deferred the subject with directions to Revenue Department to re-examine the price of the land in the light of the observations made by the Finance Department. The Public Works Department has again forwarded the proposal to the Finance Department seeking their opinion, which is still awaited. based on which a fresh cabinet note is required to be moved.

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(iii) Clearance of Forest Land for the Expressway:

In respect of an extent of 168 acres of Forest land inthe Handigundi State Forest. Cbikkamanegudde 'State Forest and B.M. Kaval areas through which the project road passes. the State Government has to obtain clearance from the Government of India under Section 2 of Forests Conservation Act. An

. application for clearance of this forest land has been submitted to the Principal Chief Conservator of Forests on 30th August 1999. An extent of 336 acres of land. which is required for afforestation in lieu of the proposed acquisition has since been intimated by the Revenue Department on 16th December 1999 to the Forest Department. The Principal Chief Conservator of Forests is required to forward the proposal to Government of India.

(iv) Exemption of Stamp duty and Registration Charges:

A proposal for amending the Act extending 100% exemptions to some of the infrastructure projects was moved in the Legislative Assembly during the previous session of the former Government. The proposal did not come through. The Revenue Department has addressed the Public Works Department in their letter dated 30th December 1999 that the proposal for 100% exemption is not moved by the Revenue Department.

(v) Exemptioll ofUrball Land Ceilhlg.Act Provision:

As the Urban Land Ceiling Regulation Act has since been repealed. no further action is required.

(vi) Shifting of Urbanizable Block:

The Planning Area Authority called Bangalore - Mysore Infrastructure Corridor Area Plarming Authority (BMICAPA) has been constituted by the Government under the Chairmanship of the Additional Chief Secretary to Government and Development Commissioner and the subject is being dealt

separately. '

(vii) Supply of Electricity:

NICEL is yet to make necessary application to PWD for taking up the same with Karnataka Power Transmission Corporation Limited (KPTCL) for

necessary power requirement. r

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(viii) Incorporation of Lhik. Road and Peripheral Road alignment in the Comprehensive. Development Plan of Bangalore Developmcllt Authority:

No action is required.

(be) Any other Subject with the permission of the Chair:

a) Aecommodatioll to the Projector Co-ordiDator (BMICP) aDd Special DC, KIADB (BMICP) :

Accommodation has since been provided.

b) Nodal 0 meers :.

The list of Nodal Officers nominated from different departments for monitoring BMICP is enclosed. However, the Nodal Officers, who were earlier nominated but now transferred in some of the departments are required to be re-nominated.

SUBJECT NO.3: Subjects to be taken up for discussions

SUBJECT NO.1: Modifications to the Framework Agreement:

A Supplementary Agreement was entered into on 6th October 1999 affecting certain modifications based on the request made by the Company. The company however has reiterated its stand for the modification of the agreement introducing the concept of three different sections for the purpose of execution as well as for application of default and termination in the eventuality of failure on the part of the Company for non-compliance of the road work.

A meeting was chaired by the Hon'ble Minister for Law and Parliamentary Affairs on 3rd December 1999 wherein the request of the Company was discussed with the Law Secretary. Secretary Finance, Secretary PWD and the representatives of the Company. It was decided that the subject should be brought before the cabinet on 16th December 1999. The file after vetting by the Law Department is submitted to Finance Department in December 1999 and the opinion of Finance Department is still awaited without which the subject cannot be take before the cabinet.

,.

SUBJECT NO.2: Fixin& of Price for the Government land being procured by the Company for Commercial Exploitation and further sale to Third Party:

The cabinet note moved on the recommendations of the Committee chaired by the Revenue Secretary, fixing the price for the Government land at 10% of the District Average Guidance Value has not been accepted by the cabinet. The same has been returned with directions to move the subject afresh in consultation with Finance Department. The proposal has since been submitted to the Finance Department seeking their opinion, which is still awaited.

SUBJECT NO.3: Approval of Resettlement & Rehabilitation Package :

The proposal has been submitted to the Revenue Department on 16th October 1999. The Deputy Commissioners of Bangalore Rural and Mandya districts have been furnished clarifications desired by them. The approval is still awaited.

SUBJECT NO.4 Project:

Public hearing for Environmental clearance for the

Applications for issue of "No Objection Certificate- for air and water has been submitted to Karnataka State Pollution Control Board by NICEL. A presentation was also made to the Technical Advisory Committee. The Chairman, KSPCB and Director, Technical Cell, Department of Ecology. GoK have surveyed the entire alignment. Public hearing dates are yet to be fixed.

SUBJECT NO.5: Clearance by Government of India for transfer of Forest land to the Company for the Project:

The Government of Karnataka (Forest Department) has to recommend to the Government of India for clearance of 168 acres of Forest Land to be used for the alignment of road,

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SUBJECT NO.6: Approval to Toll Fr8.Jlchise Agreement:

The draft Toll Franchise Agreement is submitted to the Law Department for seeking necessary opinion. However, consideration of approval to this agreement is linked with the proposed modifications to the Framework Agreement, which is awaited from Finance Department.

SUBJECT NO.7: Encroachments I Un-authorised Constructions / Developmel1ts on the identified land for the Project:

Number of instances of encroachments / un-authorised constructions I developments on the identified land for the project have been brought to the notice of the concerned authorities.

SUBJECT NO.8: Supply of Water to BMICP :

Water from River Cauvery:

Proposal seeking permission from Irrigation Department, Government of Karnataka for drawing 2 TMC of water from river Cauvery near Srirangapatna is submitted on December 11 th 1999. Certain clarifications desired were also made available during the discussions. The matter is under process in Irrigation Department. Government of Karnataka.

Water from BWSSB to Township·' 1 :

Proposals for supply of potable water from BWSSB for the Township # 1 on temporary basis was submitted to BWSB and preliminary discussions were held with the concerned Chief Engineer. Corporate Planning Zone on 13.01.2000. Final proposals for supply of 6 MLD of potable water to Township # 1 on temporary basis will be submitted to BWSSB through Secretary to Government, Public Works Department shortly.

SUBJECT NO.9: No Construction Zone:

Authority for issuing circular for Government Order limiting the construction activity within 15 mtrs. from the right of way is required to be decided since BMICAPS has come into existence.

SUBJECT NO.l0 : Any Other Subject with the Permission or the Chair:

* * * * *

LIST OF NODAL OFFICERS NOMINATED FROM THE DIFFERENT DEPTS., FOR THE IMPLEMENTATION OF BMICP

***

Sriyuths:

1) H.R. Sudheer, Addl. Secretary..J., Law Dept,

2) Smt. T.Mukthamba, Jt. Secretary I Infrastructure Oevpt., Dept.,

3) K.N.Vishwanath, Supdt., Engineer (Design)., KUWS & B

4) K R Sadiger, Under Secretary, PWD (Finance Cell)

5) 5.5. Topagi, Dy.Director, Town Planning

6) Balakrlshna, Director, Technical Cell, Forest, Ecology &

Environment Dept.,

7) P.Bathanlal, Joint Director of Town Planning, BMRDA

8) M.Vfshwanath, Joint Director(AEP)., 1& C Dept.,

9) K.Amaranarayana, Dy.Secretary, Urban Devpt., Dept.,

10) Sherif, Commissioner, RCDA, Ramanagaram

11) D.Udayashankar, Under Secrerary ( TechnicaJ-1), Irrigation Dept.,

12) The Chief Engineer, Electricity, Bangalore Zone, KEB

Telephone/Fax 2263176

13) The Head Quarter Assistant to D.C, Bangalore (Rural Oist.,)

14) Sri. B.P.Siddartha, Oy. Secretary-II, Housing Dept., Bangalore

15) The Asst. Commissioner, Sub-Division, Mysore.

16) S.N.GowriShankar HQA to Dy. Commissioner, Bangalore(Urban

Dist.)

17) P.S. Muddappa Town Planner Member, B.D.A (Tel. No.344320G) 18).M. Krishna, Dy.Secretary (Co-ordination), Revenue Dept.,

19) Javaregowda, Asst.Oirector(Town Planning). MUOA, Mandya

20) Rangaiah, Supdt., Engineer, MUDA, Mysore

21) The Head Quarters to DC, Bangalore Rural District

22) K. Venkatesha, Asst. General Manager ( P s 0 ). KSIIDC Ltd.,

23) B. Ramaiah, Senior Environmental Officer, KSPCB

24) M.N.Thippeswamy, Chief Engineer, Corporate Planning, BWSSB 25)Tl1e Special Land Acquisition Officer, Mandya District, Mandya

26) Harlkurnar Jha, Deputy Conservator of Forests, Banqalore Rural Division, Aranya Bhavan, Malleswaram, Bangalore-560003

27) t:;untia, Secretary(Expenditure) Finance Department. Vidhana Soudha, Bangalore.

28) Ramegowda, Chief Engineer,(Projects), Bangalore Mahanaqara Palike, N.R. Square, Bangalore-560002 (Phone: 2239819 - Office) (Phone: 3300655 - Res)

29) C.M.Patil, Asst. Inspector General of Registration (Admn) Bangalore , Office of the IGR & Commissioner of Stamps Cauvery Bhavan, 7th Floor BWSSB Wing, K.G.Road, Bangalore.