Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(Ker) 72971

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANRHAPURAM – Appellant
Versus
BINU SEBASTIAN, SUNIL K.M., P.E. THOMAS, MADHU J. THEKKANATTU, UNION OF INDIA, KERALA RAIL DEVELOPMENT CORPORATION LIMITED, THE RAILWAY BOARD – Respondent
WA NO. 169 OF 2022 | WA NO. 176 OF 2022 | WA NO. 179 OF 2022 | WA NO. 186 OF 2022 | WP(C) NO. 351/2022 | WP(C) NO. 1574/2022 | WP(C) NO. 30567/2021 | WP(C) NO. 975/2022

Advocates:
For the Appellants/Petitioners: K. GOPALAKRISHNA KURUP, T.B.HOOD, V.MANU, S.RAMESH BABU, A.DINESH RAO
For the Respondents: BABU JOSEPH KURUVATHAZHA, S. MANU, C. DINESH, A.K.PREETHA, O.V. MANIPRASAD, S. RAMESH BABU

State Government can conduct surveys for land acquisition under LARR Act, provided full compliance with statutory procedures ensuring public interest is maintained.

Headnote:(A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Kerala Survey and Boundaries Act, 1961 - Interim order on property survey for land acquisition for Silver Line project stayed by learned single Judge, claimed violations of LARR Act 2013 procedure. Court ruled that State has authority to conduct survey, marking for Social Impact Assessment (Paras 2, 3, 6, 90).

(B) Statutory Authority - Scope for conducting survey under Section 4 of LARR Act exists, provided it serves public interest (Paras 4, 62, 70)

(C) Proper procedure - LARR Act mandates thorough SIA study before acquisition, ensuring minimal public disruption (Paras 56, 8).

Facts of the case:
The writ appeals arose after the directive to defer property surveys for Social Impact Assessment under the LARR Act, challenged by State in interim order (Paras 1-5).

Findings of Court:
The court set aside the impugned interim order, reinforcing that initial survey stages do not hinder public rights (Paras 90, 91).

Issues: The legality of State's authority to survey properties, and compliance with LARR Act procedures for land acquisition (Paras 6-7, 86).

Ratio Decidendi: The court clarified that Social Impact Assessment studies and preliminary surveys could be conducted under relevant legislative provisions, provided procedural integrity is maintained (Paras 76, 83).

Result: Writ appeals allowed.

Table of Content
1. interim orders related to survey properties for land acquisition (Para 1 , 2 , 3 , 4)
2. writ petitions challenging land survey and acquisition orders (Para 5 , 6 , 7)
3. responses and counter affidavits regarding land acquisition (Para 8 , 9 , 10 , 11)
4. arguments on legality of conducting surveys under respective acts (Para 12 , 13 , 14)
5. clarifications on powers of the state for land acquisition (Para 15 , 16 , 17)
6. background of project development and approvals (Para 18 , 19 , 20 , 21)
7. procedures for conducting social impact assessment (sia) (Para 22 , 24)
8. description of challenges to government orders (Para 25 , 26 , 27)
9. details of writ proceedings and orders issued (Para 28 , 29 , 30 , 31)
10. court's observations on interim orders deemed misguiding (Para 32 , 33 , 34)
11. arguments on the necessity of surveys for sia (Para 35 , 36 , 37)
12. discussion of dp reports versus need for physical surveys (Para 38 , 39 , 40 , 41)
13. need to understand legal provisions and statutory definitions (Para 42 , 43 , 44)
14. examination of specific regulatory provisions governing surveys (Para 45 , 46 , 47)
15. clarifications on the extent of state powers in acquisition (Para 48 , 49 , 50)
16. explanation of survey powers under kerala survey act (Para 51 , 52)
17. discussion on survey rules for conducting assessments (Para 53 , 54)
18. overview of larr act and its implications (Para 55)
19. outline of the purpose of larr act provisions (Para 57 , 58 , 59)
20. details surrounding the sia process and public hearings (Para 60 , 61 , 62)
21. requirements for studying social impacts (Para 63 , 64 , 65)
22. outcome expectations from sia studies (Para 66 , 67 , 68)
23. evaluation of public information needs in land acquisition (Para 69 , 70 , 71)
24. conditions under which acquisitions can proceed (Para 72 , 73 , 74)
25. context of ongoing assessments for sia studies (Para 75 , 76 , 77)
26. explanations of railway land requirements (Para 78 , 79 , 80)
27. intersection of larr and railways act provisions (Para 81 , 82 , 83)
28. conclusion on governmental authority in land acquisition powers (Para 84 , 85 , 86)

JUDGMENT

S. Manikumar, CJ

Instant writ appeals are filed against the interim order dated20.01.2022 passed in W.P.(C) Nos. 30567/2021, 351/2022, 975/2022, and W.P.(C) No. 1574/2022, by which the writ court directed that steps for survey of the properties belonging to the writ petitioners/party respondents herein shall stand deferred until the matters are considered again on 7.2.2022.

2. It was also ordered that all other earlier interim orders issued in the writ petitions will continue to be in operation and further that every step, as is legally permissible under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , (hereinafter called LARR Act 2013) can certainly be continued by the competent Authorities, scrupulously complying with the statutory prescriptions, and that the afore directions will not stop them from doing so.

3. By the impugned interim order, the learned single Judge has kept in abeyance the proceedings initiated by the appellants to survey the properties of the writ petitioners, invoking the powers conferred under the Kerala Survey and Boundaries Act, 1961 , in order to undertake the Social Impact Assessment Study, as required under Section 4 of the LARR Act, 2013.

4. Appellant in W.A No. 169/2022 is the 2^nd respondent in W.P.(C) No. 351/2022; appellants in W.A. No. 176/2022 are respondents 4 and 9 in W.P.(C) No. 1574/2022; appellants in W.A. No. 179/202 are respondents 1, 3 and 4 in W.P.(C) No. 30567/2021; and appellants in W.A. No. 186/2022 are respondents 2, 5, 6, and 7 in W.P.(C) No.975/2022.

5. Respondents/writ petitioners have filed the writ petitions to quash G.O.(Ms.) No.163/2021/RD dated 18.08.2021 and G.O.(Rt.) No.3643/ 2021/RD dated 30.10.2021, issued by the Chief Secretary to the Government, State of Kerala, Thiruvananthapuram, and restrain the re

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