[K-Rail Silverline] Supreme Court refuses to stay land survey; upholds Kerala High Court decision

The Supreme Court on Monday rejected the appeals challenging the decision of a division bench of the Kerala High Court to lift the stay on the land-survey proceedings of the Kerala government and Kerala Rail Development Corporation Limited (K-Rail) for the K Rail Silverline Project..The bench of Justices MR Shah and BV Nagarathna observed that by an interim order, the "prestigious project couldn't have been stalled by a single judge" of the High Court.The bench noted that the proceedings were at the stage of social impact assessment studies which would not prejudice the petitioners..On February 15, a division bench of Chief Justice S Manikumar and Justice Shaji P Chaly had set aside an order of a single-judge that had stayed all survey and land acquisition proceedings for the project. The single-judge had said that the land survey should be in compliance with the Kerala Survey and Boundaries Act or the Kerala Survey and Boundaries Rules.K- Rail is a joint venture company under the Government of Kerala and the 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.The State of Kerala is currently witnessing a massive row from several people who found out that they would be displaced as well as those concerned about the potential environmental impact of the project.The opposition United Democratic Front led by the Indian National Congress has been taking an active role in the protests that have seen the dispersal of State Police.Videos of individuals picking up large survey stones laid by the government have been circulating widely in the media.Petitions had been filed before the Kerala High Court challenging the land survey. A single-judge of the High Court had then granted interim relief to the petitioners, pointing out that going by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, an action for acquisition will have to follow the mandatory statutory scheme.However, the Division Bench allowed the State Government's appeal against the same as it opined that the State was well within its rights and is adequately empowered to continue with the survey to conduct the social impact assessment.."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, and therefore, the impugned interim order passed by the learned 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 Division Bench had said in its judgement.This was despite the Central government informing the Court that it has serious concerns regarding the project and suggested that land acquisition for the same be halted for the time being.The petitioners had then approached the Supreme Court in appeal. Senior Counsel Niranjan Reddy and advocates Lzafeer Ahmad BK, Koshy John Prateek Khanna and Sabah Siddiqui appeared for the appellants.