KOCHI: The Kerala High Court on Tuesday dismissed a batch of petitions seeking a directive to the state government not to proceed with any survey for the demarcation of boundaries and fixation of alignments for the Silverline project.
Justice N Nagaresh issued the order while dismissing a batch of petitions filed against the order granting sanction to the acquisition of 955.13 hectares of land of various villages of Thiruvananthapuram, Kollam, Alappuzha, Pathanamthitta, Kottayam, Ernakulam, Thrissur, Malappuram, Kozhikode, Kannur and Kasaragod Districts for the Semi High-Speed Railway Line (SilverLine) project by invoking the provisions contained in land acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act), 2013.
The petitioners stated that they are in absolute possession and ownership of pieces of land in Kanakkary, Njeezhoor, and Kuravilangad villages of Meenachil and Vaikom taluks in Kottayam district. The land acquisition for the railway project can be made only by the Union government and invoking the provisions of the Railways Act, 1989, the petitioners argued.
The state government argued that the SilverLine project is not a Special Railway Project as contemplated under Section 2(37-A) of the Railways Act, 1989. The procedure for the land acquisition envisaged in the Railways Act, 1989 is applicable only for the Special Railway Projects notified as such, under the Railways Act,1989. The Act, 1989 is hence not applicable.
K Gopalakrishna Kurup, Advocate General, submitted that the proposed Thiruvananthapuram-Kasaragod Semi High-Speed Rail Corridor project is a major infrastructure project being implemented by the joint venture undertaking of the central and state governments. The proposed project would substantially decongest the National Highways and the State Highways and facilitate faster connectivity. The Ministry of Railways, government of India, has already accorded in-principle approval for pre-investment activities.
The court held that the Railways Act, 1989, does not expressly or implicitly prohibit the state of Kerala from invoking the provisions of the LARR Act, 2013, for land acquisition for the proposed Semi High-Speed Railway Line (Silver Line) Project. The power of the central government to acquire land invoking the provisions of the Railways Act, 1989, can be exercised only for the purpose of executing a Special Railway Project as defined under Section 2(37-A) of the Railways Act, 1989. Hence, there is no illegality in the order issued by the state government, held the court.