The Delhi-based developer DLF Universal Limited has got the Supreme Court's nod to develop country villas over an area of 414 acres at Tavarekere Hobli in Bangalore, south taluk. Justice S C Agarwal and Justice A P Misra have, as per their September 2 orders, restored the Government order (GO) dated June 29, 1991 for clearing the project.

The Apex court orders followed a special leave petition (SLP) by the DLF against the Karnataka High Court orders that had disallowed the township. The project had been in the eye of a storm ever since S Bangarappa Government cleared it in 1991.

The main objection to the project, raised by the BWSSB among others, was that the colony's sewerage discharge would pollute the reservoir and river Arkavathy that flows nearby. The other objection was to the clearance to use agricultural land for non-agricultural purpose.

While the Government'smove created a ruckus, the DLF's project got mired in prolonged legal battles. Prof A Lakshmisagar, now Janata Dal MP, challenged the clearance to the project in the High Court. The Court quashed the GO, and subsequently dismissed an appeal also, filed against its orders by the DLF.

In Supreme Court too, Lakshmisagar's consul had argued that the colony would lead to degradation of the environment in the neighbourhood besides polluting the river and the reservoir. Justices S C Agarwal and A P Misra set aside the objections, and noted that the Court was unable to hold that the Government could have overlooked factors like the project affecting water availability in the city and polluting the reservoir. The GO shows that it was passed after the Government had taken into consideration all the relevant factors before approval was given to the proposed scheme.

As for allowing the agricultural land for non-agricultural use, the Judges observed, ``Since the Special Deputy Commissioner, in his letter dated May 10,1991, had expressed his opinion that conversion could be allowed, it cannot be said that the Special Deputy Commissioner has not exercised the power conferred on him under Land Revenue Act, and the said power has been exercised by the State Government... The State Government has taken note of Special Deputy Commissioner's view while considering the matter in the proper perspective. It cannot, therefore, be said that the order dated June 29, 1991 was not in consonance with the requirements of Section 95 of the Act''.

The DLF, as upheld by the SC, will have to observe the following stipulations if it wished to develop the land. The company will have to ensure that there will not be any entry of sewerage effluent to the reservoir or to Arkavathy river that flows nearby. The septic tank, soak pit and dispersion system of each farm house shall be located farthest from the borders of the reservoir and the river. The DLF shall get the design of each such pollution prevention system approved by the PollutionControl Board. The PCB will have the right to inspect the colony to ensure compliance of the measures stipulated by it.