KOCHI: The high court on Thursday said it expects the Union government to address the concerns regarding the K-Rail SilverLine project in the state as it considers the Union government an equal partner in the semi high-speed rail project.
Justice Devan Ramachandran pointed out that K-Rail, which is the implementing agency, is a joint venture company under the Government of Kerala and Ministry of Railways, with the state having 51% shares and the Union government holding 49% shares. The joint venture company was set up for complementing the Indian Railways in augmenting the rail infrastructure in the state, the court noted.
In such circumstances, the Union government should also answer the questions raised by the court regarding the project, the judge said. Fear has been created in the minds of some of the petitioners before the court and as a constitutional court, we could try to allay that, the judge said.
After stating that the Union government is bound to answer the court's queries, the judge sought clarity on four aspects regarding the social impact assessment survey of the project. The Union government should inform whether it has given approval for the survey being conducted now, whether the landowners should be given prior notice for the survey, whether it is the Union government or the state government that has to conduct the survey, and whether the Union government's approval is required for spending Rs 1,000 crores for pre-investment activities, including the survey.
The court had earlier asked whether the survey stones being installed now would be removed and whether the landowners can avail bank loans. But the state government had declined to answer the queries by contending that those issues are not raised in the petitions before the court. At the same time, the state government had declared that the landowners can avail loans.
The court said the fears of the petitioners could have been allayed if the government had made the declaration even earlier. The court also pointed out that bank officials may decline to grant loans if they see the survey stones. Such a confusion can be avoided if it is declared that lands in which survey stones have been laid can be accepted as mortgage, the court said. Also, if officials turn up for conducting the survey without prior notice to the landowners, they would view such action only with fear, the court added.
