SilverLine project: Kerala govt has power to conduct survey, mark properties for SIA study, says High Court

  • | Monday | 14th February, 2022

Kochi, Feb 14 (PTI) The Kerala government has the powers to conduct a survey and mark properties appropriately for conducting a Social Impact Assessment (SIA) study in connection with the SilverLine project, the High Court here said on Monday. The ruling by a bench of Chief Justice S Manikumar and Justice Shaji P Chaly came while setting aside a single judge order of January 20 which deferred till February 7 a survey for identifying properties for the SIA study. The single judge, on February 7, had further deferred the survey till February 18. The single judge, on February 7, had also said that an SIA study under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act was a part of the land acquisition process and if the state claims it has no intention to acquire land, then the SIA would not be necessary and therefore, no survey was required to aid it. The January 20 and February 7 orders had come on several pleas, some of which have opposed the survey being conducted and the others were against the laying of concrete poles to identify land meant for the SIA study. The state government had gone in appeal against the January 20 order and its plea was allowed by the larger bench which paved the way for conduct of the survey. "Taking into account the various pros and cons, and the facts and figures, we are of the unequivocal and considered opinion that the State Government is vested with adequate powers to conduct the survey, and mark the properties appropriately, for conducting the Social Impact Assessment study,...," the bench said. "...and therefore, the impugned interim order passed by the single judge, interdicting the survey and marking of the properties in question, after issuing appropriate notifications by the state government under the provisions of Kerala Survey and Boundaries Act, 1961, and the rules framed thereunder, has to be interfered with," the bench added. It further said the SIA study was not an empty formality as only after it is conducted will the state government be able to identify the properties required for acquisition and thereby, inform the public about the extent of land to be acquired. "Government has to undertake Social Impact Assessment study, in order to make awareness to the public, the public purpose, estimation of affected families, and the number of families likely to be displaced, the extent of lands, public and private, houses, settlements and other common properties likely to be affected by the proposed acquisition, etc." "Only after conducting such a study, the State Government would be able to identify the properties required for acquisition and thereby, inform the public about the extent of land and other aspects dealt with therein," the bench said. Kerala Industries Minister P Rajeev, welcoming the division bench verdict, said it would allow the survey to move forward and help in completing the project in a timely manner without further delays. During the hearing of the state"s appeal and also before the single judge, the Centre took the stand that it was "advisable" that land acquisition proceedings for the project be stopped at this stage as its financial viability was "questionable" and feasibility of the present track alignment has not been agreed to by the Railway Ministry. The Kerala government"s ambitious SilverLine project, which is expected to reduce travel time from Thiruvananthapuram to Kasaragod to around four hours, is being opposed by the opposition Congress-led UDF, which has been alleging that it was "unscientific and impractical" and will put a huge financial burden on the state. The 530 kilometre stretch from Thiruvananthapuram to Kasaragod would be developed by K-Rail -- a joint venture of the Kerala government and the Railway Ministry -- for developing railway infrastructure in the southern state. Starting from the state capital, SilverLine trains will have stoppages at Kollam, Chengannur, Kottayam, Ernakulam, Thrissur, Tirur, Kozhikode and Kannur before reaching Kasaragod. PTI HMP HDA HDA


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