K-Rail a good project that State requires, but survey should be done stealthily not with war-cry: Kerala High Court

The Kerala High Court on Tuesday expressed its disappointment over the fact that even after repeated suggestions, the State Government had chosen to not to pay heed and continued to bulldoze through with its social impact assessment and surveys for its Silverline project, a semi-highspeed rail corridor proposed by the K-Rail (Kerala Rail Development Corporation Limited) [Muralikrishnan v State of Kerala]..Justice Devan Ramachandran chided the State government for continuing to use large, prominent survey stones, causing widespread protests over fears of massive displacement and environmental impact."You are supposed to be assessing social impact and you definitely created a social impact, perhaps more than you expected. When these matters were first heard by me, I said you can't conduct a project of this size and proportion with a war cry. I still stand by that. Go slow and stealthily how the National Highway has been doing various projects," the judge orally remarked.Justice Ramacandran went on to say that in his personal opinion, the Silverline project is one that the State desperately needs but the authorities underestimated the voice of the citizens."This is definitely a good project, at least in principle. How and where it should happen, we do not know, but this is a project that the state needs. Not just from North to South but from West to East, in my opinion. We have to link our State well. But you thought that the objections were from isolated people, you underestimated our citizens," Justice Ramachandran observed..The Court was considering a batch of petitions challenging the steps taken by the State in relation to the project and seeking to restrain all pre-investment activities including land acquisition.The Court had previously asked the Central government to disclose if K-Rail had been instructed by Railway Board not to be part of the ongoing SIA for the Silverline project.The Railway Board submitted that being a joint venture company of the Government of Kerala and Ministry of Railways, K-Rail is an autonomous entity and that neither the Railway Board, nor the Central government issue instructions on its day-to-day functioning.A statement submitted by Assistant Solicitor General S Manu said that the Central government had no role to play in the survey and SIA and that all steps taken in pursuance of land acquisition for the project, are premature since the project has not been approved so far."As submitted already, the Railway has neither approved nor concurred with the SIA and survey is being conducted by the Kerala Government under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act. Under the Act, when a State Government is conducting a SIA, the Central Government has no role in it. However, if the K-Rail Corporation being a company, is involving in the SIA and spending its funds for the purpose, such involvement and expenditure will be at its own risk and responsibility. It is reiterated that so far no approval has been granted by the Railway Board for the project and therefore any action for acquisition of land taken by any authority is premature," the statement said..The matter will be taken up next on August 10 by which time the State is expected to file any statements in response that it deems necessary.[Read Order]