No Approval Granted For K-Rail, All Steps Towards Land Acquisition Premature: Railway Board Informs Kerala High Court

In a statement filed on Monday, the Railway Board has informed the Kerala High Court that all steps taken in pursuance of land acquisition for K-Rail Silverline are premature since no approval has been granted for the project so far. Through the statement moved the ASG S. Manu, the Railway Board reiterated that it has neither approved nor concurred with the SIA and that the survey conducted by the State Government was under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act. Under the Act, when a State is conducting an SIA, the Centre has no role in it. However, if the K-Rail Corporation, being a company, is involved in the SIA and spending its funds for the purpose, such involvement and expenditure will be at its own risk and responsibility, the Board submitted. "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," reads the statement. This comes after the High Court asked the Centre to disclose if the KRDCL has been instructed by Railway Board not to be part of the ongoing SIA for the purpose of the Silverline Project.The Railway Board added that KRDCL is a joint venture of the State Government (51%) and the Ministry of Railways (49%). The said Corporation is a company constituted under the provisions of the Companies Act as an autonomous entity. It was further submitted that the Railway has two part-time directors on the Board of Directors of the company. Being an autonomous entity, the Railway Board or the Central Government do not issue instructions for their day-to-day functioning, the statement clarified. The response came in a batch of petitions challenging the laying of large survey stones on private land without issuing prior notices to the concerned individuals.The primary grievance of the petitioners was concerning the installation of survey marks by the appellants under the Kerala Survey and Boundaries Act, 1961 engraving "K-Rail" in their properties to conduct a Social Impact Assessment (SIA) study for the proposed projectDuring a previous hearing of the case, the Bench had remarked that it has inputs that assure that none of the properties marked by the survey stones in furtherance of the project will be subject to any restrictions whatsoever. This was affirmed today by the State which submitted that the lands marked by survey stones are not frozen and are open to mortgage and sale while adding that this may be recorded in the order.However, the Court opined that the public will only find reassurance once the State itself declares so, rather than finding it in a court order.Previously, the Court had expressed its concerns if the property so marked be used by landowners for sale or mortgage and if such property can be produced to avail bank loans.The Judge had earlier directed the State to temporarily defer steps for the survey of the writ petitioners' properties until the matters were called up for the next hearing. However, this order was set aside by a Division Bench noting that Social Impact Assessment cannot be seen as an empty formality and that the public is entitled to know the adverse impact and consequences they are likely to suffer.Case Title: Muralikrishnan v. State of Kerala & connected matters

No Approval Granted For K-Rail, All Steps Towards Land Acquisition Premature: Railway Board Informs Kerala High Court

Hannah M Varghese

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