Kochi: In yet another fillip to the Sabarimala airport project the Kerala High Court has granted consent to the Kerala Government to proceed ahead with the Social Impact Assessment survey of the Cheruvally Estate where the proposed greenfield facility is being planned.
The court also dismissed a petition moved by the Ayana Charitable Trust, which currently owns the Cheruvally Estate, seeking to cancel a notice issued by the State Government for the survey under the Kerala Survey and Boundaries Act.
(The Trust was previously named Gospel For Asia which is behind the Believers Church.)
Considering the petition, Justice Shaji P Chali pointed out that the State Government has the authority to conduct a survey to assess the social impact and also pointed to a judgment pertaining to the SilverLine Project, which was issued in a similar context.
A decision on whether to take over the land for a particular project is based on the findings of the Social Impact Assessment.
The court also noted that even after the survey, several formalities were still left before initiating the land inquisition proceedings under Section 11 of the Act.
In its petition, the Ayana Charitable Trust had accused the State Government of attempting to take over the estate, which was bought from the Harrison Malayalam Company, in violation of the existing rules and also described it as a bid to bypass the new Land Acquisition Act of 2013.
Though the petitioners contended that the Government could not conduct a survey under Section 12 of the Act without issuing a notification under Section 11 of the Act, the court turned down these arguments.
Currently, a Thiruvananthapuram-based organisation is carrying out a social impact study on the private lands which were notified by the Revenue Department. This process, which is scheduled to be completed by June, will be followed by acquisition of the plots.
Earlier, the State Government had issued an order to take over 1039.876 hectares (2,570 acres) of the Cheruvally Estate spread over Erumeli South and Manimala villages in Kanjirappally Taluk. Subsequently, the Revenue Department pasted a notice on the estate building as a preliminary step to carry out a survey.
A few days ago the Union Ministry of Civil Aviation had granted site clearance for the project.
Meanwhile, proceedings of another case between the state government and the Believers Church over the actual ownership of the Cheruvally Estate are still continuing before a court in Pala. The Kerala High Court also has accepted a plea by some local people against acquisition of 307 acres of private property outside the estate.
The Sabarimala airport is planned at Cheruvally Estate and nearby areas in Kottayam district of Kerala.
