K-Rail SilverLine Project : Kerala High Court Asks State To Explain How It Prepared Detailed Project Report Without Physical Survey

The Kerala High Court on Thursday directed the State government to explain its actions taken in furtherance of its K-Rail Silver Line project and to justify the manner in which the survey is conducted by its instrumentalities. 

Upon being informed that a survey was being conducted before a Detailed Project Report (DPR) was drafted, Justice Devan Ramachandran found it imperative for the State to explain its actions within the framework of statutory formalities.

The Single Bench was hearing a batch of petitions assailing several steps initiated by the State in its endeavour to materialise the project despite sanction from the Centre still pending for the same. 

During the last hearing of the matter, the Court had asked the Central government to clarify its stand regarding the project to clear up the ambiguity revolving around the issue in the State. 

In response to the same, ASGI S. Manu submitted a one-page clarification received from the Centre which stated that a decision on the matter was yet to be finalised. 

Additionally, the Centre also explained that the KRDCL has been advised to provide detailed technical documents such as an alignment plan, particulars of railway land and private land, crossing over the existing railway network depicting affected railway assets through Zonal Railway for a detailed examination of the project to arrive at a conclusion. 

The note added that further consideration of the project was only possible after examination of DPR and the results thereon are firmed up including the financial viability of the project and its appraisal by NITI Aayog and Ministry of Finance. 

After recording the same, the Court inquired into the manner in which the survey was being conducted and to discern the basis of the survey being conducted and under which provision it was being done.

Special Government Pleader T.B Hood reiterated today that it was being carried out under the Kerala Survey and Boundaries Act.  

However, the Judge noted that going by the Government Orders passed in the last few months, a detailed project report and alignment of the project have already been prepared by an agency. 

When asked to clarify the same, Hood responded that this was done based on an aerial survey, not a physical survey. 

At this juncture, the Court pointed out that going by the Right to Fair Compensation Act, an action for the acquisition will have to follow the mandatory statutory scheme, which, in fact, begins effectively with a notification which the State confirmed has been done in several districts.

The State affirmed that such notifications have already been issued in several districts and that it was currently in the process of conducting a social impact assessment in some other districts. 

Perplexed at the series of actions taken by the State under several statutes, the Court asked the State to explain its actions, particularly on the question of how steps for the survey were undertaken before the DPR was complete and how any why survey was being conducted. 

As such, the State Government was directed to file an affidavit with clarifications regarding the following:

"... the manner in which the DPR was prepared; the steps- including for survey - conducted before the DPR was settled; whether a DPR could have been prepared without a proper physical survey; and as to the impact of Sections 4 and 12 of the 'Fair Compensation Act' on the entire process, before finally answering the various contentions regarding the survey being presently being carried on."

The matter will be taken up again on February 7 for final hearing until which time steps for survey not in accordance with the Survey and Boundaries on the land involved in these petitions were directed to stalled.  

However, the Judge made it clear that every step as legally enforceable under the Right to Fair Compensation Act can continue with strict compliance to the statutory provisions and that the afore directions will not stop them from doing so in any manner. 

The K-Rail Silver Line Project

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 State has been hasty in acquiring land despite not receiving a complete sanction from the Union since foreign funding would only flow in if it has a reasonable stretch of land.

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

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