[K-rail Silverline] "Such big projects should not be implemented by threatening people:" Kerala High Court

The Kerala High Court on Wednesday berated the State government and K-Rail (Kerala Rail Development Corporation Limited) for the seemingly intimidating tactics adopted by them in laying survey stones on the land identified for the K Rail Silverline project ahead of a social impact assessment..K- Rail is a joint venture company under the Government of Kerala and Ministry of Railways, Government of India set up for complementing Indian Railways in augmenting the railway infrastructure within the State of Kerala.The Silverline Project was recommended by K- Rail for development of a 529.45 km semi high speed rail corridor connecting the State's northern most and southern most districts (Kasaragod and Thiruvananthapuram). The project is expected to cost the public exchequer over ₹60,000 crores..Justice Devan Ramachandran remarked that ambitious projects such as this must not be done in a hasty and imposing manner and noted that several cases have been filed before the Court regarding the same. "This is perhaps the biggest project the Kerala Government has taken up so far. Such a big project should not be implemented by intimidating or threatening the people... All these cases are being filed because of the State's haste to implement the project. The law cannot be violated by it in its attempts to execute the scheme," he said. .The same was recorded in the order passed today."This Court deems it necessary to remind all stakeholders that if a project as mentioned by them is to be taken forward and which appears to be of proportions that are rather large - it has to be done implicitly as per the dictates of law and following every statutory prescription, which alone can give it any legitimacy in future," the order said..Since the Court felt that the inputs of the Central government on the issue would be useful in deciding the case, the Court requested the Assistant Solicitor General of India to appear at the next hearing..The order came on a petition filed through advocate OV Maniprasad raising opposition to the manner in which the process of laying boundary stones on the land identified for the project was being carried out.It was argued that under the guise of placing survey marks, large concrete poles three or more feet in height, painted in yellow with inscription 'K-RAIL', were being installed and that this was already been done in the case of at least one of the petitioners. These structures impede the right of the owners to use their properties, which is never contemplated either under the Kerala Survey and Boundaries Act, 1961 (the Act) or the Kerala Survey and Boundaries Rules, 1964 (the Rules), the petitioners contended as they sought for a stay on the process. .During a previous hearing, Special Government Pleader TB Hood, submitted that, going by Rule 3 of the 'Rules', the specification of the survey marks mentioned in the same will apply only in 'ordinary cases', which is to mean that the authorities can fix larger marks. He, however, conceded that the inscription 'K-RAIL' on the survey marks is only for the purpose of identification and that final approval from the Railway Board is awaited, though they had given an in-principle concurrence for the project..The Court was also told that demarcation now being done is only for the purpose of Social Impact Assessment, to be done after a proper notification is issued under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013..Today, the Court prima facie found merit in the contentions raised by the petitioners and ordered that until the case is heard next, thesurvey stones shall be laid only as per the Act and the Rules and only by the Authority, who are competent to do so. The specification of the stones shall also be as per the Rules, it added.The Court also asked K-rail what it proposes to do about the stones that have already been installed."I direct to the KRDCL to inform this Court what they propose to do with the 2834 stones, which they have already installed, which, prima facie, appears not to be in conformity with the specifications mentioned in the Rules," the order stated.The matter will be taken up along with connected cases on January 20..Recently, a Public Interest Litigation was moved before the Court seeking to restrain the pre investment activities including land acquisition for the Silverline rail project..[Read Order]