Kerala: HC stays state government's land acquisition notification for Sabarimala airport

By Aishwarya Nair | First Published Apr 25, 2024, 1:46 PM IST

The Kerala High Court on Thursday (April 25) issued a stay order on the state government's notification to expedite land acquisition for the proposed Sabarimala airport. The order came in response to a plea filed by Ayana Charitable Trust, arguing against the legality of the notification and claiming undisputed ownership of the Cheruvally estate designated for the airport construction.

Kochi: The Kerala High Court issued an order on Thursday, halting the state government's notification to expedite land acquisition for the proposed greenfield Sabarimala airport. The decision came from a bench led by Justice Viju Abraham, following a plea filed by Ayana Charitable Trust, formerly known as Gospel for Asia under the Believers Church. In March last year, the government issued a notification to acquire 1000.28 hectares of land owned by 441 holders. However, the proceedings were halted due to concerns over the legality of the social impact study and land ownership determination.

In their plea, the trust asserted their undisputed ownership of the Cheruvally estate, earmarked for the airport's construction. They contended that the government's refusal to acknowledge their ownership renders the land acquisition illegal. The petition further argued that the issuance of the land acquisition notification was unlawful.

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In its preliminary notification dated March 13, 2024, the government mandated the acquisition of 1000.28 hectares of land for the airport endeavor. This included 441 land parcels from 47 survey numbers in blocks 19, 21, 22, and 23 of Erumeli South and Manimala villages, along with 2264.09 acres of the Cheruvally Estate. The notification was issued under Section 11(1) of the Land Acquisition, Rehabilitation and Resettlement (LARR) Act.

The government announced that compensation would be provided under the Land Acquisition Act of 2013. Details regarding the lands earmarked for acquisition were published alongside the notification. The Kottayam Special Tehsildar was designated as the collector for the land acquisition process, with the Kottayam Deputy Collector appointed as the administrator of the scheme.

In July 2020, the High Court had halted the government's move to acquire Cheruvally Estate for the project in response to a plea by the Ayana Trust. Subsequently, the state government informed the High Court that it possessed title over the property and that the trust had no ownership rights.

According to the social impact report, the proposed Sabarimala airport project is expected to facilitate smoother travel to the Sabarimala temple, boost tourism, benefit the local economy, and enable easier travel for the international Malayali community. However, the environmental impact study highlights that land acquisition will directly impact 285 houses and 358 landowners, with 221 families in the Cheruvalli Estate facing eviction. Additionally, approximately 325,000 trees, including rubber and teak, will need to be felled. Despite these concerns, the report recommends proceeding with the project, provided adequate compensation is provided. Prepared by the Thiruvananthapuram Center for Management Development, the 360-page report identifies individuals who will be displaced once the Erumeli airport becomes operational.

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