The Court was considering a batch of petitions challenging the steps taken by the State in relation to the project and seeking to restrain all pre-investment activities including land acquisition.
The Court had previously asked the Central government to disclose if K-Rail had been instructed by Railway Board not to be part of the ongoing SIA for the Silverline project.
The Railway Board submitted that being a joint venture company of the Government of Kerala and Ministry of Railways, K-Rail is an autonomous entity and that neither the Railway Board, nor the Central government issue instructions on its day-to-day functioning.
A statement submitted by Assistant Solicitor General S Manu said that the Central government had no role to play in the survey and SIA and that all steps taken in pursuance of land acquisition for the project, are premature since the project has not been approved so far.
“As submitted already, the Railway has neither approved nor concurred with the SIA and survey is being conducted by the Kerala Government under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act. Under the Act, when a State Government is conducting a SIA, the Central Government has no role in it. However, if the K-Rail Corporation being a company, is involving in the SIA and spending its funds for the purpose, such involvement and expenditure will be at its own risk and responsibility. 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,” the statement said.
Source: Barandbench
