'Can't Ignore Sentiments Of General Public' : Kerala High Court Asks If Survey Stones Engraved With 'K-Rail' Are Authorised

The Kerala High Court on Monday reprimanded the State government over how it was progressing with the survey in furtherance of its K-Rail Silver Line project and directed it to justify the manner in which the survey stones were being installed by its instrumentalities.

Justice Devan Ramachandran raised concern over the ongoing Social Impact Assessment that the authorities were conducting in many parts of the State by installing yellow boundary stones marked K-Rail on them. 

"I know the Division Bench permitted you to carry on with the survey. But I'm certain it didn't authorise you to go against the law. Did the Bench permit you to plant survey stones with K-rail's name on them?"

The Judge had earlier directed the State to temporarily defer steps for the survey of the writ petitioners' properties until the matters were called up for the next hearing. However, this order was set aside by a Division Bench noting that Social Impact Assessment cannot be seen as an empty formality and that the public is entitled to know the adverse impact and consequences they are likely to suffer.

While addressing the intensified protests surfacing across the State, which even led to clashes between the public and police in certain areas, the Court also added: 

"It is supposed to be a Social Impact Assessment. Look at the impact it has caused on the citizens instead. Competent authorities have conducted SIAs without anyone even noticing. You could have done the same instead of intimidating people."

When the matter came up for hearing today, Justice Ramachandran observed that several developmental projects were materialising in the State, some of them that involve a larger scale of displacement, yet only the K-Rail project was invoking such widespread anguish and protests. 

"I hear matters relating to developmental projects almost every day. I am not against any project, I've made that clear more than once. Certainly, projects must come. We facilitate them, provided they act as per law. But my concern is, I don't come across any problems like this for the National Highways where a much larger scale of acquisition occurs. Why do you want to make it so visible and scare them?"

The Court sympathised with the citizens who were taken by surprise by the survey due to the lack of any sort of notice or intimation of the same from the officials.

"We are dealing with our own citizens. Several people have been made homeless. The court cannot ignore the sentiments of the general public. I have to intervene."

The Single Judge emphasised that he did not have anything against the project or the survey and that he was concerned only regarding the manner in which the survey was being conducted.

Since a similar matter is opening before the Supreme Court, the High Court decided to take a stand after the matter before the apex court concluded. Till then, it opined that the survey has to go on as per the orders of the Division Bench. 

Meanwhile, the Supreme Court today refused to interfere with the land survey and social impact assessment process of the project quoting that the Single Judge could not have stalled a 'prestigious project'.

The matter will be taken up by the Single Judge again on Wednesday. 

Background:

The Silver Line Project is a semi high-speed rail corridor connecting one end of the State to the other and was announced for the first time over 12 years ago.

The Kerala Rail Development Corporation (K-Rail), a joint venture of Indian Railways and the state government, is to implement the project. According to K-rail, the cost of the project was estimated to be around 64,000 crores. Although its Detailed Project Report received a nod from the State cabinet, approval from the Centre is still pending.

The opening move in the project is land acquisition. The Silver Line project demands around 1,383 hectares to be completed, and out of this, a whopping 1,198 hectares are owned by private individuals.

The petitioners moved the Single Bench with a batch of petitions assailing several steps initiated by the State in its endeavour to materialise the K-Rail project despite sanction from the Centre still pending for the same.

Their primary grievance was concerning the installation of survey marks by the appellants under Kerala Survey and Boundaries Act, 1961 engraving "K-Rail" in their properties to conduct a Social Impact Assessment (SIA) study for the proposed project.

Case Title: Muralikrishnan v. State of Kerala & connected matters