'Why Concrete Poles Engraved With 'K-Rail' Used Instead Of Ordinary Survey Stones?' Kerala High Court Raises Further Queries On SilverLine

The Kerala High Court on Tuesday posed further questions on the State's manner of proceeding with the K-Rail Silver Line Project while conceding with the Supreme Court's observation that it should not have stalled the project.

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

Justice Devan Ramachandran welcomed this decision that suggested a hands-off approach by the courts while dealing with pleas opposing major developmental projects in the country and agreed that it was perhaps wrong in its approach in the matter.

"The Supreme Court is absolutely right. This court should not have stalled the project. I stand corrected. Supreme Court has now set standards for infrastructural projects that court shall keep their hands off them.For those who are eager to implement the project in this State, their stand must be consistent everywhere.What we need is a pan-India approach. Now every project in India would be measured by the same yardstick".

While clarifying that he has nothing against the proposed project, the Judge said that the only endeavour was to ensure the project is implemented as per the law.

Special Government Pleader T.B. Hood took an objection to the Court making oral observations in the case about issues which are not in the pleadings. 

"I can answer queries based on pleadings, but not statements by Your Lordship.We can prefer appeal against orders of the Court, but not against statements"

When the Single Bench responded that it was only concerned about the plight of the people, the State replied that  the Government was equally concerned about the people, but issues outside the pleadings on record are raised.

The Court said that it will keep asking questions since there were several issues that required clarity.

"You can refuse to answer... But I will keep on asking questions", Justice Devan Ramachandran said.

The following questions were posed today:

1. Why are huge concrete poles engraved with K-rail used instead of ordinary stones, which are usually used in social impact assessments?
2. Are these stones permanent or would they be changed with change in alignment?
   
3. Will the stones be removed after carrying out the SIA?
   
4. Land acquisition will take time. In the meanwhile, can the property so marked be used by owners for sale or mortgage? Can they show this property to avail bank loans?
   

Justice Ramachandran also reiterated his question of why no due notice was served to the concerned individuals of such survey while adding that such actions take the citizens by surprise and scare them. 


The Court left it to the State to answer these queries on the next date of hearing. "You can refuse to answer... But I will keep on asking questions", Justice Ramachandran said.

The matter will be next taken on April 6.

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