The senior counsel for the petitioners argued that the government resorted to new tactics for obtaining the property by invoking the provisions of the Act.
He added that the notification issued under Section 11(1) of the Act on publication of declaration for acquisition did not comply with the provisions outlined in that Section and in Rule 18 of the Kerala Rules, 2015 (Rules) on publication of preliminary notification.
The petitioners raised concerns about procedural violations like, assignment of the social impact assessment study, to a government agency as being violative of Rule 10 (2) of the Rules.
Rule 10(2) provides that the social impact assessment unit with any links to the government or having any conflict of interest should not be entrusted with the study for any acquisition.
Pertinently, it was also submitted that the government overlooked alternative feasible locations and ignored objections regarding social and environmental impacts, including the loss of vital resources and holy sites.
Source: Barandbench
