K. Neenakumari and P. K. Sadanandan v State of Kerala and others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 10[TH] DAY OF OCTOBER 2023 / 18TH ASWINA, 1945 WP(C) NO. 27287 OF 2023`** ## **`PETITIONER/S:`** ``` 1K.NEENAKUMARI AGED64YEARS D/O.APPUPANICKER,'LEKSHMI',NEARJTS, - THOTTADAP.O.,KANNUR,PIN670007 2P.K.SADANANDAN S/O.ANANTHAN,SANAM,P.O.ALAVIL, - MANAL,KANNURDISTRICT-,PIN670008 BYADVS. K.C.SANTHOSHKUMAR K.K.CHANDRALEKHA ANUPAMAJOHNY K.S.SUDHA VISMAYAVENUGOPAL ``` ## **`RESPONDENT/S:`** ``` 1STATEOFKERALA REPRESENTEDBYTHESECRETARYTOGOVERNMENT, REVENUEDEPARTMENT,GOVERNMENTSECRETARIAT, - THIRUVANANTHAPURAM-,PIN695001 2SECRETARYTOGOVERNMENT, PUBLICWORKSDEPARTMENT,GOVERNMENTSECRETARIAT, - THIRUVANANTHAPURAM,PIN695001 3THEDISTRICTCOLLECTOR OFFICEOFTHEDISTRICTCOLLECTOR, - KANNUR-,PIN670002 4THEPROJECTDIRECTOR, KERALAROADFUNDBOARD,BALBHAVANROAD, - KOWDIAR,THIRUVANANTHAPURAM,PIN695003 5THEPROJECTMANAGER CITYROADIMPROVEMENTPROJECT, KERALAROADFUNDBOARD,ALAVILP.O., - KANNUR,PIN670008 ``` W.P.(C) No.27287 of 2023 2 - `6 THE PROJECT CO-ORDINATOR CITY ROAD IMPROVEMENT PROJECT KERALA ROAD FUND BOARD, -` - `KANNUR, PIN 670001` - `7 CENTRE FOR MANAGEMENT DEVELOPMENT (AN AUTONOMOUS INSTITUTION SPONSORED BY THE GOVERNMENT OF KERALA) THYCAUD, –` - `THIRUVANANTHAPURAM 695014, REPRESENTED BY ITS DIRECTOR` ``` SMT.MARYBEENAJOSPEH,SR.GP ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON 10.10.2023,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING: ``` W.P.(C) No.27287 of 2023 3 ## **JUDGMENT** The petitioners herein are the residents of Edakkadu Village in Kannur Taluk. They say that they are in title and possession of properties in various survey numbers. According to the petitioners, their property lies on the side of JTS junction-Plaza Junction road, this is one among the 11 roads proposed to be improved under the Kannur City Road Improvement Project. They contend that the petitioners have relinquished portions of their properties for the development of the junction. It is further contended that when the proposal for the acquisition of property under the Kannur City Road Improvement Project was brought out, they approached this Court and filed W.P.(C) No.27916 of 2022 and this Court by Ext.P1 judgment dated 29.9.2022 had disposed of the same, directing the petitioners to raise their contentions before the respondents. The petitioners state that the Centre for Management Development, Thiruvananthapuram, has been entrusted with the task of preparing the Social Impact Assessment Report of the land acquisition for the development of the road. They assert that the social impact assessment has been conducted in a name sake manner. According to the petitioners, their inputs and the inputs of the other landowners were to be obtained. They assert that the social impact W.P.(C) No.27287 of 2023 4 assessment report was submitted without ascertaining whether the proposed acquisition serves any public purpose, whether the extent of the land proposed for acquisition is the absolute bare minimum, whether there is an alternate place that has been considered as feasible and also the social impact of the project. It is on these assertions that this writ petition is filed seeking the following reliefs: (i) Issue a declaration that the Social Impact Assessment report obtained by the respondents cannot be made use of since the same was obtained in total ignorance of the mandatory statutory provisions under Section 4 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (ii) Issue a writ of mandamus or any other appropriate writ, order or direction against the respondents to take immediate steps to get the social impact assessed afresh in a manner suggested by provisions of Section 4 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. (iii) Issue a writ of mandamus or any other appropriate writ, order or direction against respondent No.1 competent among the respondents No.1 to 6 to take up, consider and pass appropriate orders on Ext.P6 representation as expeditiously as possible or within a time frame to be stipulated by this W.P.(C) No.27287 of 2023 5 Honourable Court. 2. The learned Senior Government Pleader, while opposing the submissions, pointed out that the Writ Petition is premature. He points out that the Government, in strict consonance with the provisions of The Right to fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013, appointed a competent body to prepare the Social Impact Assessment study, which was carried out strictly in accordance with the provisions of Section 4 of the Act. A public hearing for Social Impact Assessment was done, and the Social Impact Assessment study was published in terms of Section 6 of the Act. An independent multidisciplinary Expert Group was appointed to carry out an appraisal of the Social Impact Assessment, and their report will also be published as stipulated in Section 7 (6) of the Act. It is for the Expert Group to assess and determine whether the project will serve the public purpose and whether the potential benefits would outweigh the social costs and adverse social impacts. The SIA Report would then be examined by the appropriate Government as provided under Section 8 of the Act. Only thereafter would there be the publication of a preliminary notification under Section 11 of the said Act. A preliminary survey of land would then be carried out, and thereafter, the persons interested in the land would be afforded an opportunity W.P.(C) No.27287 of 2023 6 to be heard. In this case, the petitioners have not even seen the report of the Expert Group, and they have approached this Court after seeing the SIA report. 3. At this stage, the learned counsel appearing for the petitioners points out that the 1st petitioner has submitted Ext.P6, a detailed representation appending a sketch. According to the learned counsel, before proceeding further, the expert committee be directed to consider Ext.P6 representation while considering the report of the Social Impact Assessment Study. 4. The learned Government Pleader submitted that there cannot be any impediment in considering the said request. 5. I have considered the submissions advanced by the learned counsel appearing for both sides. 6. From the pleadings in the Writ Petition, it is clear that the petitioners are impugning the SIA Report on the ground that the said report is not in tune with the provisions of Act 30 of 2013. Issuance of such notification is not final and binding on any authority. Subsequent to the submission of the SIA Report, the provisions of the Act envisage several steps to be taken. The project is still at the proposal stage, and the provisions of the Act provide ample opportunity for the persons affected by the proposed acquisition to raise their contentions and oppose the project opportunity. There are various stages before W.P.(C) No.27287 of 2023 7 finalizing the proposal, and it cannot at this stage be said that the entire project has to be shelved on the basis of the assertions made by the petitioners. Under Section 8 of the Act, the appropriate Government is statutorily bound to examine the proposals for land acquisition and the impact of the SIA Report and determine as to whether the lands in question are required to be acquired for the purpose of the green field project. The persons affected by the acquisition will also have an opportunity at the stage of hearing the objections under Section 15 of the 2013 Act, and they can arm themselves with the report of the Expert Committee at that stage. In **Sunil J Arackalam v State of Kerala and Others[1]** , in identical circumstances, the Apex Court, while refusing to entertain a petition challenging the SIA Report, held that no prejudice could be said to be caused to the petitioners therein as the proceedings were at the stage of conduct of Social Impact Assessment. As the petitioners have filed Ext.P6 representation highlighting their grievances, necessary directions can be given to the appropriate government to consider the representation at the stage of Section 8 of the Act which mandates the examination of proposal for land acquisition and Social Impact Assessment report by appropriate government. > 1 SLP( C) Nos 5179-5188/ 2022 W.P.(C) No.27287 of 2023 8 7. In that view of the matter, while rejecting the challenges raised by the petitioners against the SIA Report, I direct the competent authority under Section 8 of the Act to consider Ext.P6 representation at the stage of Section 8 of Act 30 of 2013. The petitioners shall also be afforded an opportunity of being heard. Sd/- **RAJA VIJAYARAGHAVAN V, JUDGE** NS/10/10/2023 W.P.(C) No.27287 of 2023 9 ## **`APPENDIX OF WP(C) 27287/2023`** |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`THE COPY OF THE JUDGMENT DATED 29.09.2022 IN`| ||`WP(C) NO.27916/2022 PASSED BY THIS HONOURABLE`| ||`COURT.`| |`Exhibit P2`|`THE COPY OF THE THE JUDGMENT DATED 25.02.2022`| ||`IN WP(C) NO.5706/2022 FILED BY THE DIFFERENT`| ||`SET OF LAND HOLDERS`| |`Exhibit P3`|`THE COPY OF THE RELEVANT PAGES OF FINAL REPORT`| ||`SUBMITTED BY THE CENTRE FOR MANAGEMENT`| ||`DEVELOPMENT, THIRUVANANTHAPURAM`| |`Exhibit P4`|`THE COPY OF THE REPRESENTATION DATED`| ||`17-11-2022 SUBMITTED BY THE PETITIONERS BEFORE`| ||`THE MINISTER CONCERNED WITH A COPY ADDRESSED`| ||`TO THE 3RD RESPONDENT ALSO.`| |`Exhibit P5`|`THE COPY OF THE REPLY DATED 26-11-2022 SENT BY`| ||`THE 3RD RESPONDENT.`| |`Exhibit P6`|`THE COPY OF THE REPRESENTATION DATED 30/6/2023`| ||`ALONG WITH THE PLAN ADDRESSED TO THE`| ||`RESPONDENT NO. 1 AND 2 WITH A COPY WITH`| ||`ADDRESSED TO THE RESPONDENTS NO.3 TO 6 ALSO.`| |`Exhibit P7`|`THE COPY OF ACKNOWLEDGEMENT CARD DATED`| ||`05.07.2023 ISSUED BY THE RESPONDENT NO.1`| |`Exhibit P8`|`THE COPY OF ACKNOWLEDGEMENT CARD DATED`| ||`01.07.2023 ISSUED BY THE RESPONDENT NO. 3`| |`Exhibit P9`|`THE COPY OF ACKNOWLEDGEMENT CARD DATED`| ||`04.07.2023 ISSUED BY THE RESPONDENT NO.4`| |`Exhibit P10`|`THE COPY OF ACKNOWLEDGEMENT CARD DATED`| ||`01.07.2023 ISSUED BY THE RESPONDENT NO.5`| |`Exhibit P11`|`THE COPY OF ACKNOWLEDGEMENT CARD DATED`| ||`05.07.2023 ISSUED BY THE RESPONDENT NO.6.`| |`Exhibit P12`|`THE COPY OF THE ACKNOWLEDGEMENT CARD ISSUED BY`| ||`THE 2ND RESPONDENT`|