The legality of a government's policy decision is subject to judicial review, focusing on adherence to statutory procedures rather than policy wisdom.

JUDGMENT

[ WP(C).Nos.18002/2020, 22318/2020, 23794/2020 & 23860/2020 ]

The State of Kerala is one of the most densely populated States in the Country. The human development and related indices show that Kerala is the front runner when compared to all the other States. However, narrow roads in the State have been acting as an impediment to social and economic development. Records from the Crime Records Bureau show that about 4000 people die every year in accidents which take place in the congested roads and about 50000 people sustain injuries. The Southern Railways have also not been able to satiate the needs of the public for a seamless and comfortable travel experience. Due to high land costs and dense population, the move to acquire land for any development activity is met with serious resistance. The State appears to have realised that fast mobility from one part of the State to the other is essential for the overall development of the State and that the congested roads and saturated railway network will not be able to provide fast and efficient mobility to the people.

2. With the above objective, a policy decision was taken to have a Semi-High Speed Railway line named “Silverline” between Thiruvananthapuram in the South and Kasaragod in the North of the State of Kerala. A joint venture agreement was entered into between the Ministry of Railways, Government of India and the Government of Kerala for infrastructure development of railways. A company by name Kerala Rail Development Corporation Ltd (K-Rail) was formed. Several meetings were held between high level officials of the State and the Chairman of the Railway Board and a feasibility study was agreed to be conducted. The Corporation engaged M/s. Systra, a leading city mobility consultancy firm to prepare a project report. The feasibility report was submitted by the Government and In-Principle Approval (IPA) was granted for taking up pre- investment activities, which would include payment of land acquisition, detailed project report, construction of boundary wall, access roads, site offices, temporary construction etc. however limited to Rs.100 crores. The estimated cost of the project is Rs.63941 crores and the project is expected to be completed within a period of five years from the date of getting approval from the Government of India.

3. These petitions have been filed under Article 226 of the Constitution of India with a prayer to direct the respondents not to proceed with the acquisition proceedings for the proposed “Semi High-Speed Rail” corridor from Thiruvananthapuram to Kasargod without sanction approval from the Government of India, the Railway Board and other Statutory Authorities. The writ petitioners have also prayed for interdicting the respondents from acquiring the properties falling within the rail corridor and which stands in their name without scrupulously complying with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013). In some of the writ petitions, the petitioners have also sought for a declaration that the proposed Semi High-Speed Rail Corridor is technically not feasible and as it adversely affects the environment is liable to be dropped.

4. According to the petitioners, the Government is acting in haste and they are in the process of acquiring land without even obtaining the necessary clearances from the Central Government, the Railway Board and the other statutory bodies. They contend that the Government has taken up a project that incurs huge expenses which the State with its meagre resources will not be able to afford. The project is likely to be dropped midway and if by the time, the Government takes steps to acquire their valuable property, it would result in grave hardship and loss. It is further contended that for the purpose of the project extensive properties have to be acquired and a large number of families and business establishments will h