Sabrimala Airport Construction | Land Acquisition Notice To Be Withdrawn, Fresh Social Impact Study To Be Conducted: Govt Tells Kerala High Court

Section 11 (1) prescribes the manner for publication of a preliminary notification for acquisition of land for public purposes by the Government.

Justice Viju Abraham also recorded the submission of the State Government that it has decided to conduct a Social Impact Assessment study through a different agency and fresh notifications will be issued in this regard by the Government under Section 4 (1) of the 2013 Act.

The Court was considering two writ petitions, one filed by the estate's owner Ayana Charitable Trust and its managing trustee and another by residents of Kottayam. The petition was filed challenging the operation and implementation of government orders according to sanction to initiate proceedings to acquire the property of the Cheruvally Estate for the construction and development of the Sabarimala Greenfield Airport.

The writ petition was filed challenging the government notification for acquisition of land for public purpose under Section 11 (1) of the Act. The writ petition also challenged the Social Impact Assessment report submitted by the Centre for Management Development.

It was argued that the land was being acquired under the guise of the 2013 Act with ulterior motives since the government's previous attempts to acquire the Cheruvally Estate led to litigations. It was also contended that the reason for the acquisition of land was incorrectly given as public purpose when it was acquired for public-private partnership projects.

Regarding the Social Impact Assessment report, the petitioners contended that assigning a Social Impact Assessment study to a government agency like the Centre for Management Development is violative of Rule 10 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Kerala) Rules, 2015. As per Rule 10 (2), Social Impact Assessment units should not be an agency having connections with the government.

Accordingly, the Court recorded the submissions of the Advocate General and closed the writ petitions.

Counsel for Petitioners: Advocate P Haridas instructed by Advocates Rishikesh Haridas, Shijimol M Mathew, P C Shijin, Roshin Mariam Jacob, Prakash M P

Citation: 2024 LiveLaw (Ker) 372

Case Title: Ayana Charitable Trust (formerly known as Gospel for Asia) v State of Kerala

Case Number: WPC 13775/2024, WPC 13659/2024

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