Can DPR be prepared without physical survey: Kerala HC to govt on SilverLine
KOCHI: The High Court on Thursday directed the state government to explain the provision of the law under which the survey for the SilverLine project was being carried out. It also deferred survery of the property of 13 people, who had moved the court, for the project until the next hearing on February 7.
Saying it was baffled that the DPR (Detailed Project Report) for such a big project was prepared based on ‘aerial survey’ not physical survey, the court asked, “Can a DPR be prepared without proper physical survey?”Meanwhile, Assistant Solicitor General S Manu, who represented the Centre, informed the court that the Railway Board will take a final decision on the project only after examining the DPR.
Adjourning the matter to February 7, the court then said, “Until then, steps for a survey of the petitioners’ properties in these cases shall stand deferred.” Justice Devan Ramachandran issued the order while considering a batch of petitions challenging land acquisition for the project.
Manu said K-Rail had been advised to provide detailed technical documents such as alignment plan, particulars of the railway and private land, cross over the existing railway network and affected railway assets for detailed examination of the project to arrive at a decision. Senior government pleader T B Hood submitted that the DPR was prepared based on aerial survey, through the Kerala Remote Sensing and Environmental Centre, to identify land for the project.
“The railway board had given in-principle nod for the project. After this, an official memo of the Union Finance Ministry in 2016 said all further steps, including land acquisition proceedings, should be taken. The ministry had instructed the government to expedite the steps for the project,” he said.
The court said, “How can DPR be prepared on aerial survey? We fail to understand why a survey under the Survey and Boundaries Act is now being conducted as the state says DPR has already been prepared and in-principle approval has been given by the Railway Board.” It said it would require certain “adscititious (additional) answers” from the government, particularly as to the manner in which the DPR was prepared, steps for the survey done before DPR was made and whether DPR could have been prepared without a proper physical survey.
‘Don’t blame court’
The counsel for K-Rail, the implementing agency, said following the court’s intervention, 200 stones laid in the property demarcated for the semi high-speed rail corridor were uprooted and people placed a wreath on them. The court replied that it was up to the government to take legal action instead of blaming the court.
The HC also deferred survery of the property of 13 people, who had moved the court, for the project until the next hearing on February 7.