Wednesday, 13, May, 2026
 
 
 
Expand O P Jindal Global University
 
  
  
 
 
 

Ayana Charitable Trust (Formerly Known ... vs State Of Kerala, Represented By Its ...
2025 Latest Caselaw 12514 Ker

Citation : 2025 Latest Caselaw 12514 Ker
Judgement Date : 19 December, 2025

[Cites 48, Cited by 0]

Kerala High Court

Ayana Charitable Trust (Formerly Known ... vs State Of Kerala, Represented By Its ... on 19 December, 2025

W.P.(C)No. 18326 of 2025

                                 ..1..

                                                    2025:KER:98046


            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

           THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

FRIDAY, THE 19TH DAY OF DECEMBER 2025/28TH AGRAHAYANA, 1947

                           WP(C) NO.18326 OF 2025

PETITIONERS:

     1      AYANA CHARITABLE TRUST
            (FORMERLY KNOWN AS GOSPEL FOR ASIA),
            MANJADI P.O., THIRUVALLA,
            PATHANAMTHITTA DISTRICT, KERALA STATE,
            REPRESENTED BY SMT.SINY PUNNOOSE,
            MANAGING TRUSTEE AND CHIEF FUNCTIONARY OF THE
            TRUST THROUGH HER POWER OF ATTORNEY HOLDER AND
            GENERAL ADMINISTRATOR OF THE TRUST,
            MR.JACOB POTHEN, AGED 68, S/O.LATE T.K. POTHEN,
            THERADIYIL HOUSE, NIRANAM WEST MURI,
            NIRANAM VILLAGE, THIRUVALLA TALUK, PIN - 689103.

     2      DR. SINY PUNNOOSE,
            MANAGING TRUSTEE OF AYANA CHARITABLE TRUST,
            KADAPPILARIL HOUSE, KIZHAKKENMUTHOOR MURI,
            KUTTAPPUZHA P.O, THIRUVALLA TALUK,
            PATHANAMTHITTA DISTRICT,
            REPRESENTED BY HER POWER OF ATTORNEY HOLDER
            MR. JACOB POTHEN, AGED 68, S/O. LATE T.K. POTHEN,
            THERADIYIL HOUSE, NIRANAM WEST MURI,
            NIRANAM VILLAGE, THIRUVALLA TALUK, PIN - 689103


            BY ADVS.
            SRI.AMIT SIBAL (SR.)
            SRI.DHIRAJ ABRAHAM PHILIP
            SRI.DARPAN SACHDEVA
            SRI.RISHIKESH HARIDAS
 W.P.(C)No. 18326 of 2025

                           ..2..

                                               2025:KER:98046


RESPONDENTS:

     1      STATE OF KERALA,
            REPRESENTED BY ITS CHIEF SECRETARY,
            GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001.

     2      DISTRICT COLLECTOR,
            KOTTAYAM DISTRICT, COLLECTORATE,
            KOTTAYAM, PIN - 686001.

     3      SOCIAL IMPACT ASSESSMENT STUDY UNIT,
            BHARATA MATA SCHOOL OF SOCIAL WORK,
            BHARATA MATA COLLEGE, THRIKKAKARA, KOCHI,
            REPRESENTED BY ITS DIRECTOR, PIN - 682021.

     4      THE DEPUTY COLLECTOR (LA),
            KOTTAYAM, ADMINISTRATOR,
            PROPOSED ACQUISITION OF SABARIMALA GREENFIELD
            AIRPORT, COLLECTORATE, KOTTAYAM, PIN - 686001.

     5      SPECIAL TAHSILDHAR LA (GENERAL),
            KOTTAYAM, COLLECTORATE, KOTTAYAM, PIN - 686001.

     6      BISHOP DR.JURIABARDHAN
            HOUSE NO.IV/267 TMC, CHUMATRA MURI,
            KUTTAPPUZHA VILLAGE, THIRUVALLA TALUK,
            PATHANAMTHITTA DISTRICT, PIN - 689103.

     7      BISHOP DR.SIMON JOHN,
            CHITTAZHATH HOUSE, KUMBANAD, THIRUVALLA,
            PATHANAMTHITTA DISTRICT, PIN - 689103.

     8      REV. DR.DANIEL JOHNSON ,
            SUNBEAM, 11, NANTHANCODE PLAMMOODU, PATTOM,
            KAWDIAR VILLAGE, KAWDIAR TALUK,
            THIRUVANANTHAPURAM, PIN - 695003.

     9      REV. FR.PRAISON JOHN
            PATTAPARAMBIL EBENEZER VILLA, PALACOTTAL ROAD,
            KUTTAPUZHA P.O, THIRUVALLA, PIN - 689103.
 W.P.(C)No. 18326 of 2025

                              ..3..

                                                         2025:KER:98046




             BY ADVS.
             SRI.P.HARIDAS
             SRI.BIJU HARIHARAN
             SMT.SHIJIMOL M.MATHEW
             SRI.P.C.SHIJIN
             SMT.ROSHIN MARIAM JACOB
             SMT.PRAJISHA O.K.
             SRI.M.H.HANIL KUMAR, SPL.G.P.(REVENUE)
             SRI.S.KANNAN, SENIOR G.P.
             SRI.K.GOPALAKRISHNA KURUP, ADVOCATE GENERAL
             SRI.V.MANU, SPL.G.P. TO A.G.



      THIS     WRIT    PETITION     (CIVIL)    HAVING        COME   UP   FOR
ADMISSION      ON     12.09.2025,     THE     COURT     ON     19.12.2025,
DELIVERED THE FOLLOWING:
 W.P.(C)No. 18326 of 2025

                                   ..4..

                                                                  2025:KER:98046


                                                                            'C.R'

                             J U D G M E N T

Dated this the 19th day of December, 2025

In this Writ Petition, the petitioners seek to quash

Ext.P49 notification issued by the 1st respondent/State

under Section 11(1) of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 ('2013 Act', for short). The

petitioners also seek quashment of Ext.P41 notification and

Ext.P45 Social Impact Assessment Report under Section 4(1),

Ext.P47 Expert Group Appraisal Report under Section 7 and

Ext.P48 Government Order issued under Section 8 of the 2013

Act. The acquisition in question is one pertaining to the

development of the Sabarimala Greenfield Airport Project.

In respect of the self-same acquisition, this is the third

occasion where the petitioners approach this Court. The

following list of dates will unfurl the essential events

which ultimately led to the filing of the instant Writ

Petition:

..5..

2025:KER:98046

LIST OF DATES AND ESSENTIAL EVENTS IN THE CHRONOLOGICAL ORDER:

TABLE - I

SL.

          DATE                  EVENT                    REMARKS
 No.
  1    21.02.2017    The Government of Kerala issued      Ext.P58
                     Government Order detailing the      (produced
                     steps to be taken for the new      along with
                     Greenfield   Airport  for   the       reply
                     convenience     of   Sabarimala    affidavit)
                     pilgrims.


  2    04.04.2017    A   review    meeting    of   the The event is

Sabarimala Project held in the referred to presence of the Chief Minister, in Ext.P56 appointed a four-member (produced committee consisting of I.A.S. along with officers to prepare a list of the reply suitable sites for the project. affidavit)

3 21.04.2017 The four-member committee headed Ext.P56 by the Addl. Chief Secretary (produced submitted a report with the list along with of suitable sites for the the reply Airport Project. affidavit)

4 21.07.2017 The State Government issued Ext.P46 Government Order approving the recommendations of the four- [English member committee that the translation, Cheruvally Estate belonging to is the petitioner is the most Ext.P46(A)] suitable site for the Airport.

..6..


                                                       2025:KER:98046


  5   18.06.2020     The Government issued Orders
                     according    sanction     to  the

District Collector, Kottayam, to acquire the Cheruvally Estate, having an extent 2263.18 acres of land, by invoking the provisions of the 2013 Act. The Ext.P30 G.O. also directed that the compensation amount will be deposited before the Court as per Section 77(2) of the 2013 Act, since a suit on the title of the property was pending.

6 2020 The petitioner Trust challenged Ext.P30 G.O. before this court by filing W.P.(C) No.13332/2020.

7 16.10.2020 The Writ Petition was allowed in part, setting aside the direction in the impugned G.O. to deposit the compensation amount before the authority Ext.P31 under Section 77(2) of the 2013 Act. Other grounds urged in the Writ Petition were left open.

8 30.12.2022 The Government issued G.O. partially modifying an earlier Ext.P35 G.O. and according sanction for acquisition of 2570 acres constituted of the Cheruvally Estate; and another 307 acres outside the Cheruvally Estate.

The sanction was accorded, subject to the conduct of Social Impact Assessment (S.I.A.) study, pursuant to the issuance of Section 4(1) notification. An Expert Committee was also

..7..


                                                      2025:KER:98046


                     directed   to be   constituted to
                     evaluate     the   S.I.A.    study
                     report.

  9   23.01.2023     Section 4(1) notification was
                     issued.     The    Centre    for

Management Development (C.M.D.), Thiruvananthapuram was assigned

-

with the task of conducting the S.I.A. study and to prepare S.I.A. plan.

10 01.03.2023 The Social Impact Assessment study conducted by C.M.D. was published as per Section 6(1) of - the 2013 Act.

11 09.06.2023 The petitioner Trust submitted its written objections to the

-

S.I.A. Report.

12 13.03.2024 The Government issued notification under Section 11 of the 2013 Act stating that the land scheduled in the notification is required to be acquired for the public purpose Ext.P38 of the Sabarimala Greenfield Airport and issued notice to the persons concerned, for objections, if any, against the proposed acquisition.

13 26.03.2024 The petitioner Trust accordingly filed objections detailing the malafides of the State, as also,

-

                     the    contravention    of   the
                     provisions of the 2013 Act.


                              ..8..

                                                     2025:KER:98046


 14   01.04.2024     Petitioner      filed    W.P.(C)
                     No.13775 of 2024 challenging
                     Ext.P38     notification   under       -
                     Section 11.

 15   25.04.2024     This Court passed an interim

order restraining the officials from taking any further steps pursuant to Section 11 Ext.P39 notification for a period of two months.

16 20.06.2024 It was submitted on behalf of the Government before the High Court that Ext.P38 notification under Section 11 is being withdrawn and a fresh S.I.A. study will be conducted through a different agency, after Ext.P40 issuing a fresh notification under Section 4(1) of the 2013 Act. Recording the above submission, the writ petition was closed.

17 09.09.2024 The Kerala Government issued a notification under Section 4(1) of the 2013 Act appointing Bharata Matha School of Social

-

Work/Respondent No.3 to conduct S.I.A. Study.

18 28.11.2024 Petitioner submitted its objections to the S.I.A. Unit. Ext.P42

..9..


                                                      2025:KER:98046


 19   29.11.2024     Two    public   hearings    were    Ext.P43
          &          conducted to record the concerns   [English
      30.11.2024     of the people, who are affected translation,
                     by the project.                        is
                                                      Ext.P43(A)]

 20   27.12.2024     The final    S.I.A.   report   was
                     published.                           Ext.P45

 21   28.01.2025     An    Expert     Committee    was   Ext.P47
                     constituted under Section 7 of
                     the 2013 Act. The Committee        [English

published a report accepting the translation, S.I.A. report and recommending is to proceed with the acquisition Ext.P47(A)] for Sabarimala Greenfield Airport.

22 08.04.2025 The Government issued a G.O.(Rt) No.91/2025/RD dated 08.04.2025 Ext.P48 under Section 8 of the 2013 Act to proceed with the acquisition [English for the Sabarimala Greenfield translation, Airport Project, on the basis of is the S.I.A. report and the Expert Ext.P48(A)] Committee Report.

23 25.04.2025 The Government issued a notification dated 25.04.2025 Ext.P49 under Section 11 of the 2013 Act, calling upon the persons [English interested to lodge - before the translation, Special Tahsildar LA (General), is Kottayam - a statement in Ext.P49(A)] writing of the objections, if any, regarding the update of land records; title of the land proposed for acquisition;

regarding the area and suitability of land proposed to

..10..


                                                          2025:KER:98046


                     be    acquired;    justification

offered for public purpose; and the findings of the Social Impact Assessment report within 60 days.


 24   07.05.2025     Petitioner      submitted         its
                     objections.                               Ext.P50

 25   12.05.2025     Petitioner filed the present
                     Writ     Petition      challenging
                     Ext.P41      Notification      and

Ext.P45/Social Impact Assessment Report under Section 4(1);

Ext.P47/Expert Group Appraisal Report under Section 7(5);

Ext.P48/Order under Section 8(2) issued by the Government;

and Ext.P49 notification under Section 11(1) of the 2013 Act.

2. Heard Sri.Amit Sibal, learned Senior Counsel, duly

instructed by Adv.Dhiraj Abraham Philip and

Adv.Darpan Sachdeva on behalf of the petitioners;

Sri.K.Gopalakrishna Kurup, learned Advocate General on

behalf of respondents 1 to 5 and Sri.P.Haridas, learned

counsel on behalf of respondents 6 to 9. Perused the

records.

..11..

2025:KER:98046

3. In this Writ Petition, Exts.P45 to P49 are challenged

essentially on two grounds, namely, (1) colourable exercise

of power or, alternatively, fraud on power and

(2) Non-compliance of the mandatory requirements of the

2013 Act. Under the first ground, it is the petitioners'

contention that the proposed acquisition stems from a

pre-concerted decision of the Government to take over the

petitioners' property, having an extent of 2263 acres; and

not based on a genuine study as to the suitability of the

land, as also, the availability of alternate lands. In

other words, the whole acquisition proceeding was initiated

with an eye fixed on divestiture of the petitioners from

the said 2263 acres of land, which allegation is levelled

on the strength of the various events which transpired

prior to the acquisition proceedings in question.

A detailed reference to such events will be made during the

course of this judgment, whereby the petitioners would

allege that the Government was taking steps, one after

another, by exploring all possibilities under various

..12..

2025:KER:98046

statutes, to deprive the petitioners of the subject

property.

4. On the second ground, the petitioners would allege

that the mandatory requirement of ensuring that the

absolute bare-minimum extent required for the project alone

is acquired, has not been complied with. It is the second

contention in this direction that the determination

regarding the possible alternate sites for the project and

its feasibility, was also not properly considered in terms

of the 2013 Act, thereby violating the mandatory

requirements of the Act. In respect of both these aspects,

it is the petitioners' allegation that the findings of a

four-member committee, constituted for ascertaining the

possible sites for the Sabarimala Greenfield Airport

Project, has been merely endorsed by the Social Impact

Assessment Unit constituted under Section 4 of the

2013 Act; the Expert Group, constituted as per Section 7

of the 2013 Act, and also, by the appropriate Government in

terms of Section 8 of the 2013 Act.

..13..

2025:KER:98046

5. Based on the arguments addressed the following points

are raised for consideration:

I. Whether the mandatory legal requirement in terms of Section 4(4)(d), Section 7(5)(b) and Section 8(1)(c) of the 2013 Act, to ensure that only the absolute bare-minimum extent needed for the Project is acquired, has been satisfied as per Ext.P45 S.I.A. study report, Ext.P47 report of the Expert Group and Ext.P48 Order of the Government.

II. Within the scope of S.I.A. study, is it imperative that the S.I.A. study team should consider the availability of alternate lands for acquisition and to satisfy that the same are not feasible? or is it necessary only to ensure that such alternate lands have been considered and found not feasible by a competent body, without there being a legal requirement for the S.I.A. study team to independently consider/analyse the feasibility of such alternate lands?

III. Whether there is any merit in the petitioners' allegation that the proposed acquisition is

..14..

2025:KER:98046

vitiated by fraud on power or colourable exercise of power?

6. Before addressing the points raised, this Court will

glance through the salient features of the 2013 Act. The

preamble of the Act itself is important, which is extracted

here below:

"An Act to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution, a humane, participative, informed and transparent process for land acquisition for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families and provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for such affected persons for their rehabilitation and resettlement and for ensuring that the cumulative outcome of compulsory acquisition should be that affected persons become partners in development leading to an improvement in their post acquisition social and economic status and for matters connected therewith or incidental thereto."

7. The preamble speaks for itself that the 2013 Act seeks

to ensure the acquisition of land in a humane,

participative, informed and transparent manner, causing

..15..

2025:KER:98046

least disturbance to the owners of the land and other

affected families, besides ensuring just and fair

compensation. The Act also envisages rehabilitation and

resettlement of the affected persons. Section 2 of the Act

speaks about the application of the Act; and Section 3, of

the various definitions. Section 4 of the Act which comes

under Chapter 2, under the heading 'Determination of Social

Impact and Public Purpose', is pivotal. Chapter 2, in

Part-A, contemplates a preliminary investigation for

determination of social impact and public purpose.

Section 4(1) mandates a Social Impact Assessment Study

(S.I.A. study) to be conducted, whenever the Government

intends to acquire land for a public purpose. The first

proviso to Section 4(2) mandates the appropriate Government

to ensure that adequate representation has been given to

the representatives of Panchayath, Gram Sabha, Municipality

or Municipal Corporation, as the case may be, at the stage

of carrying out the S.I.A. study. Section 4(4), which

depicts the matters to be included while conducting the

..16..

2025:KER:98046

S.I.A. study, is relevant and extracted here below:

"4. Preparation of Social Impact Assessment Study (4) The Social Impact Assessment study referred to in sub-section (1) shall, amongst other matters, include all the following, namely:--

(a) assessment as to whether the proposed acquisition serves public purpose;

(b) estimation of affected families and the number of families among them likely to be displaced;

(c) extent of lands, public and private, houses, settlements and other common properties likely to be affected by the proposed acquisition;

(d) whether the extent of land proposed for acquisition is the absolute bare- minimum extent needed for the project;

(e) whether land acquisition at an alternate place has been considered and found not feasible;

(f) study of social impacts of the project, and the nature and cost of addressing them and the impact of these costs on the overall costs of the project vis-a-vis the benefits of the project:"

(underlined, for emphasis)

Section 4(6) calls upon the authority conducting the S.I.A.

study to prepare a Social Impact Management Plan, wherein

ameliorative measures to be undertaken for addressing the

impact for a specific component referred to in

sub-section (5), are to be enlisted. Section 5 contemplates

..17..

2025:KER:98046

a public hearing while conducting the S.I.A. study, and the

views of the affected families are to be recorded and

included in the S.I.A. report. Section 6 enjoins the

appropriate Government to publish the S.I.A. study report

in the local language at the places specified in Section 6,

besides uploading the same on the website of the

appropriate Government. Section 7 is important, which comes

under Part-B of Chapter II with the heading - 'Appraisal of

Social Impact Assessment Report by an Expert Group'.

Accordingly, a multidisciplinary Expert Group has to

evaluate the Social Impact Assessment Report. The

constitution of the Expert Group is contemplated in

Section 7(2). As could be seen from Section 7(4), the

Expert Group is powerful enough to opine that the project

does not serve any public purpose or that the social cost

and adverse social impacts of the project outweigh the

potential benefit. Such opinion will be followed by a

recommendation to be made by the Expert Group to the effect

that the project shall be abandoned forthwith. The Expert

..18..

2025:KER:98046

Group is duty bound to record the grounds for such

recommendation, giving the details and reasons for such

decision. Section 7(5) is important, and the same is

extracted here below:

"7. Appraisal of Social Impact Assessment Report by an Expert Group (5) If the Expert Group constituted under sub- section (1), is of the opinion that,--

(a) the project will serve any public purpose; and

(b) the potential benefits outweigh the social costs and adverse social impacts, it shall make specific recommendations within two months from the date of its constitution whether the extent of land proposed to be acquired is the absolute bare-minimum extent needed for the project and whether there are no other less displacing options available:

Provided that the grounds for such recommendation shall be recorded in writing by the Expert Group giving the details and reasons for such decision."

(underlined, for emphasis)

8. Now comes Section 8, which envisages the examination

by the appropriate Government of the proposals for land

acquisition and the Social Impact Assessment Report. Within

the scope of Section 8(1), one among the important criteria

to be ensured by the appropriate Government is that only

..19..

2025:KER:98046

the minimum area of land required for the project is

proposed to be acquired. Section 8(2) enjoins upon the

Government to examine the reports of the Collector or of

the Expert Group on the S.I.A. study and to recommend such

area for acquisition which would ensure minimum

displacement of people and minimum adverse impact on the

individuals affected. It is upon completion of this

recommendation by the appropriate Government that a

notification under Section 11 has to be issued, as

contemplated in Chapter-IV of the 2013 Act. The discussion

on the scheme of the Act can be wound up by referring to

Section 15 of the Act as well, which provides for hearing

of objections to be raised by any person interested, within

60 days from the date of publication of Section 11

notification. The subject matter of such objections is

confined to (a) the area and suitability of the land

proposed to be acquired; (b) justification offered for

public purpose; and (c) the findings of the S.I.A. report.

After affording an opportunity of being heard to the

..20..

2025:KER:98046

objector, the Collector has to make a report to the

appropriate Government, containing his recommendations on

the objections, together with a record of proceedings held

by him. Such report shall also contain the approximate cost

of land acquisition, the particulars of the number of

affected families likely to be resettled etc., for the

decision of the Government.

9. It could be seen from the Scheme of the Act that the

absolute bare-minimum extent of land needed for the project

alone can be acquired. This requirement, seems to be

pivotal, since the same is the subject matter of

consideration by the Social Impact Assessment Unit in terms

of Section 4(4)(d) of the Act; by the Expert Group in terms

of Section 7(5)(b) of the Act; and also by the appropriate

Government in terms of Section 8(1)(c) of the Act. It is in

respect of this criteria that the main challenge has been

posed by the petitioners to the notification issued under

Section 11 of the Act.

..21..

2025:KER:98046

10. Point No.I - THE ABSOLUTE BARE-MINIMUM:-

With this prelude, this Court will examine whether the

requirement of ensuring that the absolute bare-minimum

extent required for the project alone is acquired, has been

complied with or not. For an effective appreciation of this

issue, this Court may have to start from the constitution

of the four-member committee appointed by the Chief

Minister to prepare the list of suitable sites for the

project. The Committee was constituted of four members of

the Indian Administrative Service, headed by the Additional

Chief Secretary. The report submitted by the Committee is

produced at Ext.P56 (along with the reply affidavit filed

by the petitioners). The Committee considered as many as

six sites and found the subject Cheruvally Estate as the

most suitable one.

11. This Court may straightaway reject the petitioners'

contention that the above exercise, itself, is flawed in

law. The 2013 Act which brought in comprehensive changes in

acquisition of lands only contemplates preliminary

..22..

2025:KER:98046

investigation for determination of social impact and public

purpose by conducting an S.I.A. study. Going by the Scheme

of the Act, the S.I.A. study is the first step. However,

this Court recognises that the S.I.A. study team cannot

start from vacuum. Nor could the S.I.A. study team fix,

for the first time, the area from where the acquisition has

to be effected. It is well within the powers of the

Government to commence the initial proposal for acquisition

and to identify the place from where the acquisition is to

be effected, having regard to the purpose of acquisition.

Having fixed the place, it is still open for the Government

to identify possible sites for the purpose of acquisition

and to suggest the same to the S.I.A. study team. It is

also possible for the Government to conclude, which among

the sites available is the most suitable one according to

the Government. The mandate of Section 4(4)(e) is only to

satisfy that land acquisition at an alternate place has

been considered and found not feasible.

..23..

2025:KER:98046

12. This Court will now ascertain whether the mandate in

terms of Section 4(4)(d) to limit the acquisition to the

bare-minimum extent needed, has been considered by the

S.I.A. study team in accordance with law. Before analysing

the S.I.A. report, it will be profitable to know the extent

of land ideally required for an international airport,

which intends use of larger aircrafts like Boeing 777, etc.

13. SIGNIFICANCE OF EXHIBIT R1(h) COMMUNICATION :-

A vital document which will throw light into the aspect of

absolute bare-minimum extent of land required for a

Greenfield Airport is the one produced at Ext.R1(h) by the

1st respondent, along with the additional counter affidavit

dated 22.08.2025. Ext.R1(h) is a communication issued by

the Airports Authority of India to the Chief Secretary of

Kerala, wherein the subject is seen captioned as

'Standardization of land requirement for various categories

of Operation for Green Field Airport, New Civil Enclave and

development of existing airports'. Paragraph 4 of Ext.R1(h)

is relevant and extracted here below:

..24..

2025:KER:98046

"4. To assist State Government, AAI has formulated the minimum requirement of land for Greenfield Airport, new Civil Enclaves and development of existing airstrips for various type of aircraft operations under VFR (Visual Flight Range- suitable only for day time operations with visibility of around 5 Km) and IFR (Instrument Flight Range when aircraft can land with visibility of around 800 to 1200 Mtr, including night landing) conditions, which are as under:

TABLE - II

Categorization Civil Enclaves (where 3C- 3C- 4C-IFR 4E-IFR operations area is VFR IFR of Airport with Defence Authorities)

Operational ATR- A-321/320 ATR- ATR- A-321/ B-


      Aircraft
                                                   -400       -400   B-737

   Minimum    land
   Required     in
   Acres in ideal
                         30            50               350            600     1200
   scenario
   (including
   available land)


A brief presentation on area requirements for various airports is attached for better understanding and reference."

14. Paragraph no.2 of Ext.R1(h) speaks about the

difference in the extent of land required for Visual

Flight Range (V.F.R.) operations and Instrument Flight

..25..

2025:KER:98046

Range (I.F.R) operations. Ext.R1(h) refers to the

situation where airports will initially be developed on

the basis of available land for V.F.R. operations,

followed by immediate request for upgradation of the

airport, including 24 hour low visibility operations, with

night landing facility.

15. Paragraph no.3 of Ext.R1(h) speaks about assessment of

the extent, keeping in view the future growth and

expansion. It is after taking stock of these facts, that is

to say, whether the airport contemplates V.F.R. operations

or I.F.R. operations and also the possibility of future

growth and expansion, that the Airports Authority of India

had crystalised the extent of land required for various

projects in paragraph no.4 of Ext.R1(h). A perusal of

paragraph no.4 extracted above would make it amply clear

that, even for the highest aircraft B-777/787 in an airport

contemplating I.F.R. operations, the minimum land required

in the ideal scenario is 1200 acres. Of course, the

..26..

2025:KER:98046

language used is 'minimum land', however, followed by the

expression 'ideal scenario'.

16. By referring to Ext.R1(h), this Court is not

concluding for a moment that there cannot be an acquisition

beyond 1200 acres. However, even for the highest type of

aircraft, in an airport contemplating I.F.R. operations,

the land required in the ideal scenario is 1200 acres.

Therefore, if any further extent of land is sought to be

acquired, the purpose for which and the necessity of which

is liable to be explained by the requisitioning authority,

especially taking into account the mandatory requirement of

Section 4(4)(d) of the 2013 Act. As against 1200 acres, the

proposal for Sabarimala Greenfield Airport is to an extent

of 2570 acres, which is more than double the extent

indicated in Ext.R1(h).

17. FINDINGS IN S.I.A. REPORT AS REGARDS ABSOLUTE BARE-

MINIMUM:-

Ext.P45 is the final S.I.A. report. Though there is

..27..

2025:KER:98046

reference in Ext.P45 as regards the extent of land to be

acquired as approximately 1039.876 hectares (2570 acres),

in various chapters, the solitary finding as regards the

requirement that the extent sought to be acquired is the

bare-minimum, is contained in Chapter 11. The heading of

Chapter 11 of Ext.P45 is "Analysis of Costs and Benefits

and Recommendation on Acquisition". The sub heading at 11.1

reads thus:

"11.1. Final conclusions on assessment of public purpose, less displacing alternatives, minimum requirements of land, the nature and intensity of social impacts, and viable mitigation measures will address costs."

18. The relevant findings at page no.67 of Ext.P45, is

extracted here below:

"With respect to the proposed project, 2263 acres of land from Cheruvally Estate and 307 acres from private individuals will be acquired. While there may be various impacts when acquiring land for the proposed project, when scientifically evaluating the other ancillary development activities required for the airport and the future development of the area, the least amount of land is being acquired for the project."

..28..

2025:KER:98046

19. Of course, the language is not the absolute

bare-minimum. Instead, the finding is that 'the least

amount of land is being acquired for the project.' It is

relevant to note that absolutely no reason, whatsoever, has

been stated by the S.I.A. study team in Ext.P45 as to why

1039.876 hectares (2570 acres) of land is required for the

project. Nor is any reason stated in Ext.P45 that the said

extent is the absolute bare-minimum required for the

project. This is all the more so, when specific questions

regarding the necessity of acquiring such vast extent were

mooted by one Manoj Thomas and one Harikrishnan in the

public hearing conducted by S.I.A. study team [see in this

regard Ext.P43 at running page nos.809, 812 and 813 of the

Writ Petition].

20. In this regard, learned Advocate General would point

out that the reason for acquiring 1039.876 hectares can be

found in paragraph 2.5 in Chapter 2 of Ext.P45, which is

also extracted here below [See page no.13 of Ext.P45]:

..29..

2025:KER:98046

"2.5. Project layout, size and facilities Length of the runway depends on the elevation of the site, slope of the runway and temperature of the place. The large aircraft intended to be used at the airport are those of ICAO code E category. The Critical Aircraft considered for this purpose is B 777-300 (ER).

The ideal runway length for code E aircraft is in between 3691m and 3783m. However, depending on average passenger and cargo loads and the distance to destination, the runway length of 3500m will be adequate. The runway length of the nearby airports, Kochi and Thiruvananthapuram, is 3400 m."

21. This Court cannot endorse the submission made by the

learned Advocate General. Primarily, Chapter 2 of Ext.P45,

report deals with the detailed project description, and

paragraph no.2.5 contains the heading 'Project layout, size

and facilities'. Having perused the entire Chapter 2, this

Court is of the opinion that the contents of paragraph

no.2.5, as also, several other contents forming part of

Chapter 2, are mere recordings of the information received

by the S.I.A. team and cannot be treated as its findings.

That apart, paragraph 2.5 of Chapter 2 of Ext.P45 refers to

the fact that large aircraft like Boeing 777-300 are

intended to be used, which requires a length between

..30..

2025:KER:98046

3961 meters and 3783 meters for the runway. There is no

correlation, whatsoever, of that technical data, with the

extent of land required for the airport project, in

paragraph no.2.5 under Chapter 2 of Ext.P45. That apart, it

was pointed out by the learned Senior Counsel for the

petitioners that the length of the runway referred to in

paragraph no.2.5 probably explains the acquisition of an

additional 307 acres outside the Cheruvally estate.

Paragraph no.2.5 offers no explanation as to why a total

extent of 2570 acres is required for the Airport project.

It could thus be seen that, except a self-serving statement

as contained in Chapter 11 page no.67, there is no reason,

whatsoever, stated to arrive at a conclusion that the

proposed acquisition is the absolute bare-minimum extent

required for the project. This Court finds that the Ext.P45

report of the S.I.A. study team does not reflect any

independent application of mind, as regards this particular

aspect, which is a specific mandate flowing from

Section 4(4)(d) of 2013 Act.

..31..

2025:KER:98046

22. Similar comments are available in paragraph no.2.3 of

Chapter 2 with the heading 'Information on project

location, size, target, and cost'. In sub paragraph no.2

therein (at page no.10 of Ext.P45), it is referred that the

airport project was initially conceptualized within the

Cheruvally Estate and having regard to the requirement of a

runway which will suit larger aircrafts to be used in an

International Airport, additional land outside the Estate

was also proposed to be acquired to meet the requirements

for a longer runway. This would only reiterate the argument

of the learned Senior Counsel based on paragraph no.2.5 of

Ext.P45, referred to in the preceding paragraph of this

judgment. Paragraph no.2.3 of Ext.P45 also refers to the

fact that other basic infrastructure has been planned

within the Cheruvally Estate itself. Similarly under

paragraph no.2.5, at page no.14 the facilities required and

the master plan for the Sabarimala International Airport

are seen referred to.

..32..

2025:KER:98046

23. As regards the first comment based on paragraph

no.2.3, this Court may have to reiterate that the same does

not answer the requirement of satisfying that the absolute

bare-minimum extent alone is acquired. As indicated

earlier, there is no correlation between the requirement of

a longer runway with the extent of land to be acquired. In

other words, the requirement of a longer runway does not

answer the requirement to acquire 1039.876 hectares

(2570 acres) of land. Once it comes to the listing of

facilities at paragraph no.2.5, again, the issue is the

same that there is no correlation with the extent

required for the facilities made mention of therein.

There is no indication as to whether these are

ordinary facilities available to any airport? or whether

it is peculiar for Sabarimala Airport. Going by the

nature of the facilities, one can only conclude that

these are ordinary facilities available to an airport,

in which case, it does not answer the requirement

for almost double the extent required for an

..33..

2025:KER:98046

ordinary airport, about which further reference would be

made here below.

24. EXTENT OF LAND FOR OTHER AIRPORTS IN KERALA :-

Another relevant input in this regard is the material made

available before this Court, pursuant to this Court's

direction as regards the extent of the Cochin International

Airport, Thiruvananthapuram International Airport and the

Kannur International Airport. The data in this regard is

made available by virtue of the additional documents

produced by the petitioners. As per Ext.P61, the extent of

the Cochin International Airport is 1300 acres. As per

Ext.P62, the extent of the Thiruvananthapuram International

Airport is 700 acres. As per Ext.P63, the extent of the

Kozhikode International Airport is 373 acres. As per

Ext.P64, the extent of Kannur International Airport is 2300

acres. Barring the Kannur International Airport, the extent

of all the three other International Airports in Kerala are

between 373 to 1300 acres. In such a scenario, why an

extent of 2570 acres is required for the Sabarimala

..34..

2025:KER:98046

Greenfield Airport - which is contemplated as the fifth

airport of Kerala - is not discernible from any of the

records, much less from Ext.P45 S.I.A. study report. One

argument of the learned Senior Counsel for the petitioners

assumes significance in this regard. It was argued that the

5th airport of the State is sought to be set up essentially

to enable smoother, faster and convenient travel for

Sabarimala pilgrimage, though the convenience of residents

of Idukki, Kottayam and Pathanamthitta districts is also

espoused. Having regard to the limited purpose and scope of

the proposed airport, there is no rhyme or reason for

having an extent more than that of the Cochin International

Airport, is the argument advanced. All what this

Court needs to observe in this regard is that the above

argument is not misplaced. Needless to say that the above

aspect also points to the need for a satisfactory

explanation that 2570 acres is the absolute bare-minimum

required.

..35..

2025:KER:98046

25. EXPLANATION OF FUTURE GROWTH AND EXPANSION :-

The argument of the learned Advocate General in this regard

that the extent has been fixed taking into account the

future growth and expansion can hardly be accepted and

appreciated. First of all, there is no indication,

whatsoever, in the S.I.A. study report as to what future

growth and expansion are contemplated. What is the extent

required for the airport with the infrastructure, now

envisaged? What growth and expansion are contemplated in

future? What is the additional extent required for such

future growth and expansion? The answers to these important

questions are far to seek. The same is not forthcoming in

Ext.P45 S.I.A. report, or for that matter, in any other

record. The mandate flowing from Section (4)(4)(d),

followed by Section 7(5)(b) and reiterated in

Section 8(1)(c) of the 2013 Act is to limit the acquisition

to the absolute bare-minimum required. The peremptory

mandate of the above quoted sections of the 2013 Act finds

reiteration in Rule 12(3)(c) and Rule 12(5) of the Right to

..36..

2025:KER:98046

Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement (Compensation,

Rehabilitation and Resettlement and Development Plan)

Rules, 2015 (for short, '2015 Rules'). It is grossly

insufficient to offer an explanation that a whooping extent

of 2570 acres is required for "the future growth and

expansion." In such circumstances, the only possible

conclusion is that the mandatory requirement in terms of

Section 4(4)(d) of the 2013 Act is not satisfied in Ext.P45

S.I.A. report.

26. EVALUATION BY THE EXPERT GROUP - SECTION 7:-

This Court will now ascertain whether the self-same

mandatory requirement with respect to the absolute bare-

minimum extent, has been considered by the Expert Group

constituted in terms of Section 7. Ext.P47 is the report of

the Expert Group. The findings with respect to the bare-

minimum extent is contained in paragraph no.14 of Ext.P47

report, which is extracted here below:

..37..

2025:KER:98046

"വ ദഗധസമ ത പഠന റ പ ർട വ ശദമ യ ചർച ചചയ കയ ത ടർന ള ദ വസ പദത പപപദശമ യ ചചറ വള എപ#റ അന ബനസലങള പനര ട സനർശ ചസ മ.ഹ0 പപത0 ഘ ത പഠന റ പ ർട വ ലയ ര ത . പദത യ ചടനടത ചനഭ വ വ കസന ക.ട പര ഗണ ച ചപ ത ആവശ0ത പലക യ ക റഞ ഭ.മ യ ണ ഏചറട ക നത എന പഠന യ.ണ റ നചറ വ ദഗധസമ ത അ ഗ9കര ച ശ പ ർശചചയ ന."

The true English translation of the above mentioned portion

as per Ext.P47(A) is as follows:

"14. The expert committee discussed the study report in detail and in continuation to that they visited the project areas of Cheruvally Estate and related places directly and evaluated the SIA report. By considering the Social Impact Assessment report, and the future development of the project implement, only a bare-minimum area is acquiring as per the study report of the study group, the expert committee agreed it and recommended."

(underlined, for emphasis)

27. The above findings of the Expert Group are liable to

be rejected for the self-same reasons for rejecting Ext.P45

S.I.A. report. Primarily, the Expert Group relied upon

Ext.P45 S.I.A. report to arrive at a conclusion that, only

the bare-minimum area is being acquired; whereas Ext.P45

..38..

2025:KER:98046

S.I.A. report does not contain any satisfactory reason for

arriving at such a conclusion. Secondly, what has been

taken stock of is the future development of the project.

Here, again, as indicated earlier, what is the extent

required for the present infrastructure; what, in fact, are

the future developments contemplated; what is the extent

required for such future development etc. are all

conspicuously absent both in Ext.P45 S.I.A. report, as

also, in Ext.P47 Expert Group's report. While the mandate

of Section 4(4), while considering the social impact

assessment is to study whether the extent of land proposed

is the absolute bare-minimum, the requirement of Section 7

is to evaluate the Social Impact Assessment report. The

specific requirement to ensure that the absolute bare-

minimum extent needed for the project alone is acquired, is

contained in Section 7(5)(b) of the 2013 Act. The

requirement in terms of Section 7(5)(b) is that the Expert

Group shall make 'specific recommendations' whether the

extent of land proposed to be acquired is the absolute

..39..

2025:KER:98046

bare-minimum needed for the project. The inevitable

conclusion is that Ext.P47 report of the Expert Group also

failed to address that issue and hence liable to be

discounted.

28. EXAMINATION BY THE GOVERNMENT - SECTION 8:-

Among other requirements of Section 8, Section 8(1)(c)

specifically enjoins the Government to ensure that only the

minimum area of land is acquired, is contained in Section

8(1)(c). The examination by the appropriate Government is

reflected in Ext.P48 Government Order, granting preliminary

approval for initiating action under the 2013 Act for the

Sabarimala Greenfield Airport. After referring to the

procedures thitherto undertaken, namely the S.I.A. study

and the evaluation by the Expert Group, the findings of the

Government is contained in paragraph no.4 of Ext.P48, which

is extracted below:

         "സർക ർ       ഇക ര0       വ ശദമ യ    പര പശ ധ ച.        വ ദഗധ
         സമ ത യ ചടശ പ ർശ, സ മ.ഹ0 ഘ തപഠനറ പ               ർട, പക ടയ
         ജല     കളക>റ ചട ശ പ ർശ എന വയ ചട അട സ നത ൽ
         ശബര മല        പഗ9ൻഫ9ൽഡ       വ മ നത വള          പദത ക യ


                               ..40..

                                                        2025:KER:98046


കചCത യ പക ടയ ജ ലയ ചല എര പമല സDത, മണ മല എന9 വ പലജ കള ൽ ഉൾച ട 1039.876 ചഹക>ർ ഭ.മ യ ൽ ചനൽവയൽ ഉൾച ട ട ചCങ ൽ ആയത 2008-ചല പകരള ചനൽവയൽ തണ9ർതട സ രകണ ആക> ചലയ ബനച ട ചടങള ചലയ നടപട പകമങൾ പ ല ച മ പതപമ പര വർതന ചചയ വ. എന വ0വസക വ പധയമ യ , പര മർശ (4) ന ർപJശത നചറ അട സ നത ൽ വ ദഗധ സമ ത യ ചട ശ പ ർശകൾക അന സKതമ യ ഗത ഗത , ധനക ര0 വക കള മ യ ക.ട യ പല ച ച ഒര പപപത0ക പ നരധ വ സ പ നMസ പനപ പകജ2013-ചലഎൽ.എ.ആർ.ആർ. ന യമത ചല ചസകൻ 11 പപക ര അഡO ന സപപടറചറ ന പയ ഗ ക ന ഘടത ൽ പര ഗണ കണ എന വ0വസയക വ പധയമ യ 2013-ചല എൽ.എ.ആർ.ആർ. ന യമപപക ര ഭ.മ ഏചറട കൽ നടപട കള മ യ മ പന ട പപ ക നത ന അന മത നൽക ഇത ന ൽഉതരവ ക ന ."

The true English translation of the above mentioned portion

as per Ext.P48(A) is as follows:

"4. The Government has examined the matter in detail. Based on the recommendation of the expert committee, the social impact study report and the recommendation of the Kottayam District Collector, 1039.876 hectares of land in Erumeli South and Manimala villages in Kottayam district identified for the Sabarimala Greenfield Airport project should be converted only by following the procedures of the Kerala Paddy Wetland Conservation Act, 2008 and related rules, if any. Subject to reference (4) in accordance with the recommendations of the Expert Committee, a special resettlement and rehabilitation package in consultation with the Departments of Transport and Finance may be

..41..

2025:KER:98046

prepared. Subject to the condition to be considered at the stage of appointment of the Administrator under Section 11 of the Act. It is hereby ordered to proceed with the land acquisition proceedings under the L.A.R.R. Act, 2013."

29. This Court is at a loss to find that the above

referred requirement in terms of Section 8(1)(c) has not

been considered at all by the Government in Ext.P48. There

is not even a whisper to that aspect in Ext.P48. This Court

may have to say that Ext.P48 Order of the Government is

worser than Ext.P45 S.I.A. report and Ext.P47 report of the

Expert Group, insofar as satisfying the requirement that

the absolute bare-minimum extent required for the project

alone is acquired.

30. Before winding up point no.I, it is relevant to take

stock of the settled legal position that no one shall be

deprived of his property without the due process or

authorisation of law, as held, way back, in 1700s by the

King's bench in Entick v. Carrington [(1765) 95 ER 807].

..42..

2025:KER:98046

In Wazir Chand v. State of Himachal Pradesh and Others

[AIR 1954 SC 415], the Hon'ble Supreme Court held that the

State has a higher responsibility in demonstrating that it

has acted within the confines of legality, rather than

enjoying a wider bandwidth of lenience. It has been held by

the Supreme Court that a high threshold of legality must be

met, when the State dispossesses an individual of their

property. The above facets of law are quoted with approval

by the Hon'ble Supreme Court in Sukh Dutt Ratra and Another

v. State of Himachal Pradesh and Others [(2022) 7 SCC 508].

31. In this connect, this Court also takes stock of the

paradigm shift brought in the 2013 Act, when compared to

the erstwhile Land Acquisition Act of 1894. Besides making

the process of acquisition more humane, participative and

transparent, the preamble to the 2013 Act highlights one

another aspect, that is to cause least disturbance to the

owners of the land. It is in the light of this foundational

object of the 2013 Act that Section 4(4)(d),

..43..

2025:KER:98046

Section 7(5)(b) and Section 8(1)(c) has to be interpreted.

32. One final aspect before concluding point no.I is the

requirement to strictly follow the diktats of an

expropriatory legislation. Finding in the context of Land

Acquisition itself (L.A. Act, 1894), the Hon'ble Supreme

Court held that the law being expropriatory in character,

the same is required to be followed strictly. See in the

regard,

i) D.B. Basnett v. Collector, East District Gangtok, Sikkim and Another [(2020) 4 SCC 572 - paragraph no.15]

ii) Urban Improvement Trust, Bikaner v. Gordhan Dass and Others [(2024) 3 SCC 250 - paragraph no.14]

33. Gauged in the above said standards, the requirement of

ensuring the absolute bare-minimum is not satisfactorily

met by the State, with the result, Point no.I is found in

favour of the petitioners, finding violation of Section

4(4)(d), Section 7(5)(b) and Section 8(1)(c) of 2013 Act.

..44..

2025:KER:98046

34. Point No.II:

This point pertains to the scope and interpretation of

Section 4(4)(e) of the 2013 Act. Section 4(4)(e) is

extracted herein:

"4. Preparation of Social Impact Assessment Study

(4) The Social Impact Assessment study referred to in sub-section (1) shall, amongst other matters, include all the following, namely:--

(a) xxxx

(b) xxxx

(c) xxxx

(d) xxxx

(e) whether land acquisition at an alternate place has been considered and found not feasible;"

35. Serious arguments were advanced by both sides as

regards the interpretation of this clause. The learned

Advocate General would argue that it is not the caveat of

the S.I.A. team to ascertain afresh, whether an alternate

place can be considered as against the proposed place of

acquisition, as also, to find that such alternate place, if

any, is not feasible. Instead, the the S.I.A. team, as per

the statute, need only satisfy that land at alternate place

..45..

2025:KER:98046

has been considered and found not feasible by the

appropriate Government.

36. This was seriously opposed by the learned Senior

Counsel for the petitioners. It is submitted that, having

regard to the matters to be assessed by the S.I.A. team as

contemplated in clauses (a), (b), (c), (d) and (f) of

Section 4(4), a separate treatment cannot be given to the

matter required to be considered in terms of

Section 4(4)(e) alone. Learned Senior Counsel would further

explain that as per Section 4(4)(a), the S.I.A. team has to

assess whether the proposed acquisition serves public

purpose or not. Similarly, under Section 4(4)(b), the

S.I.A. team has to estimate the affected families and the

number of families likely to be displaced. Under

clause (c), the extent of lands, houses, settlements and

other common properties likely to be affected by the

proposed acquisition has to be studied. Under clause (d),

the S.I.A. team has to study whether the extent of land

proposed is the absolute bare-minimum extent needed for the

..46..

2025:KER:98046

project; and under clause (f), the team has to study the

social impact of the project, and also, the impact of the

costs on the project vis-a-vis the benefits of the project.

If these are independent diktats to the S.I.A. team for the

purpose of conducting study, the one contemplated under

Section 4(4)(e) cannot stand alone. Therefore, the legal

requirement is to independently assess, whether there

exists any alternate place for the purpose of acquisition,

as also, its feasibility. In this context, heavy reliance

was placed on the 2015 Rules especially to Rule 12(3)(d),

which stipulates that the assessment for S.I.A. study shall

'determine' the possible alternative sites for the project

and their feasibility, which makes it imperative for the

S.I.A. study team to consider the above referred aspect,

independently.

37. Having considered the rival arguments, this Court is

inclined to endorse the submission made by the learned

Advocate General. It is relevant to notice that an

..47..

2025:KER:98046

acquisition process cannot commence with a Social Impact

Assessment study, though the first step as per the Scheme

of the Act, in terms of Section 4, is apparently such a

study by the S.I.A. team. To expatiate, it may be stated

that the S.I.A. team cannot start from vacuum. What is

required to be assessed by the S.I.A. team is, whether the

proposed acquisition serves a public purpose, and to

estimate the affected families likely to be displaced by

such acquisition. In the absence of a definite proposal for

acquisition, it is not possible to assess, whether the land

proposed is the absolute bare-minimum; and also the social

impacts of the project, its costs etc. A meaningful

interpretation of the subject matter of study, as

contemplated in Section 4(4) of the 2013 Act, would only

lead to the conclusion that there should be a definite

proposal of acquisition, before consulting a team to

conduct the Social Impact Assessment study. In other words,

the Government will have to first conclude, whether an

acquisition is required. If the answer is in the

..48..

2025:KER:98046

affirmative, it may have to prima facie conclude as regards

the place from where such acquisition has to be made,

having regard to the nature of the project for which

acquisition is made. During that process, the appropriate

Government will have to consider other sites to find out,

whether the proposed site is prima facie the suitable one.

It is after this exercise that the S.I.A. team can start

its work for conducting the S.I.A. study in general; and in

particular about the matters enumerated in Section 4(4) of

the 2013 Act. The assessment as to whether the proposed

acquisition serves public purpose or not; the estimation of

the affected families and the number of families likely to

be displaced; the estimation of the extent of lands,

houses, settlements and other common properties likely to

be affected by the proposed acquisition etc. is not

possible unless there is a definite proposal for

acquisition. Emphasis in this regard can be made to the

word 'proposed', as employed in Section 4(4) to conclude

that there should be a proposal before the S.I.A. team to

..49..

2025:KER:98046

enable it to conduct the study. Profitable reference in

this regard can be made to Rule 12(2) of the 2015 Rules,

whereby all relevant project reports and feasibility

studies shall have to be made available to the Social

Impact Assessment process, from which, it is axiomatic that

there should be project reports and feasibility studies

before the S.I.A. study team to assess the matters

enumerated in Section 4(4).

38. Now, this Court will specifically come to the language

employed in Section 4(4)(e), that is to say, 'whether land

acquisition at an alternate place has been considered and

found not feasible'. In the backdrop of the above

discussion, the meaning which can be assigned to Section

4(4)(e) is only a requirement on the part of the S.I.A.

team to ascertain, whether land acquisition at an alternate

place has been considered and found not feasible, which

obviously means that it has already been considered so by

the body concerned, which is the appropriate Government. As

..50..

2025:KER:98046

already indicated, the S.I.A. team cannot consider for the

first time as to what are the alternate places available

for acquisition, as against the place proposed for

acquisition; and it cannot conduct a feasibility study on

its own. It need only ensure that the same has already been

done. The mandate of Section 4(4)(e) is not to consider

independently the availability of alternate land and its

feasibility. Instead, the mandate is just to ascertain

whether alternate land for acquisition has been considered

and found not feasible. It is used in present perfect

tense, which necessarily indicate that the alternative has

already been considered and found not feasible; and not to

consider such alternatives, if any, and its feasibility

independently by the S.I.A. study team.

39. In this regard it is necessary to address the

arguments raised by learned Senior Counsel for the

petitioners based on Rule 12(3)(d) of the 2015 Rules, which

is extracted here below:

..51..

2025:KER:98046

"12. The process of conducting Social Impact Assessment study.-

(1) xxx (2) xxx (3) A detailed assessment based on a thorough analysis of all relevant land records and data, field verification, review and comparison with similar projects shall be conducted by the Social Impact Assessment unit. The assessment shall determine the following, namely:-

(a) xxx

(b) xxx

(c) xxx

(d) possible alternative sites for the project and their feasibility;"

The obvious difference in the language employed in Section

4(4)(d) of the 2013 Act and Rule 12(3)(d) of the 2015 Rules

is explicit. Whereas, the former spoke in the present

perfect tense and the latter is in the future tense. In

this regard, Rule 12(5) is also relevant, which is

extracted here below:

"(5) The Social Impact Assessment unit shall undertake site visits, collect relevant data on the project and the land proposed for acquisition is the bare minimum required for the project and whether alternate places have been considered and found not feasible for the proposed acquisition."

(underlined, for emphasis)

..52..

2025:KER:98046

Rule 12(5) employs the language in pari materia with

Section 4(4)(d), in the present perfect tense.

40. In the above legislative backdrop, this Court can only

conclude that Rule 12(3)(d) cannot be read in isolation,

but in conjunction with Section 4(4)(d) of the 2013 Act and

Rule 12(5) of the 2015 Rules, as otherwise Rule 12(3)(d)

may render itself ultravires, for being inconsistent with

the provisions of the parent statute. Therefore, the

argument based on Rule 12(3)(d) will stand repelled.

41. FINDINGS IN EXT.P45 REPORT ON THE REQUIREMENTS OF

SECTION 4(1)(e):-

In the light of the above discussion, this Court will now

ascertain the above said legal requirement as per

Section 4(4)(e), from Ext.P45 S.I.A. study report. The

first page of Ext.P45 speaks about a declaration and vide

paragraph no.2 therein, it is stated that the details

relating the land for the proposed project has been

obtained from the Land Acquisition Office, Kottayam, which

..53..

2025:KER:98046

obviously indicates that the S.I.A. team was in receipt of

a definite proposal with respect to the acquisition for the

project itself. Chapter 1 of Ext.P45 speaks about executive

summary of the study. Paragraph no.1.3 refers to the

alternatives considered, which is extracted here below:

"1.3 Alternatives considered In the presence of the Honorable Chief Minister, a review meeting regarding the Sabarimala airport project was held. During the meeting, a four-member team of officials was assigned the task of preparing a list of suitable locations for the project. Based on this, six locations were shortlisted as potential sites for the construction of the Sabarimala Greenfield Airport. Based on that, six suitable locations were considered for the construction of the Sabarimala Greenfield Airport.

Cheruvally Estate (Gospel for Asia), Travancore Rubbers Cliptham, also known as Propose Estate-Kottayam, Tropical Plantation Kottayam, also known as Vellanadi Estate, Laha Estate, Kalleli Estate, and Kumbazha Estate were considered for the project.

Cheruvally Estate (Gospel for Asia) was selected from the six locations identified for the project based on criteria such as the area of the land, distance from Thiruvananthapuram, Kochi, and other locations, distance to Sabarimala, the topography of the land, transportation facilities, the distance from reserve forests, and other development possibilities."

..54..

2025:KER:98046

42. Again, in Chapter 2, which deals with the detailed

project description, vide paragraph no.2, the constitution

of the four-member committee, the inspection conducted by

the committee and their finding that the Cheruvally Estate

is the most suitable for the construction of the Sabarimala

Airport, has been taken stock of by the S.I.A. team.

Further, at paragraph no.2.4 of Chapter 2, this aspect has

been referred as follows:

"2.4. Alternatives Considered

The review meeting for the Sabarimala Airport project was held in 2017 in the presence of the Honorable Chief Minister. In the said review meeting, for preparing a list of suitable locations, Shri.P.H.Kurian IAS, Additional Chief Secretary of the Revenue Department; Smt.M.Beena IAS, Managing Director of KSIDC; Smt.Girija IAS, Pathanamthitta District Collector; Smt. C.A.Latha IAS, Kottayam District Collector was appointed as four-member official team. The aforementioned team visited around six locations across Pathanamthitta and Kottayam districts to identify suitable sites for the Sabarimala Airport. Further details about these locations are provided below:

1. Harrison Malayalam Plantation, commonly known as Cheruvally Estate

The proposed area comprises 2,263.18 acres of land located in Kanjirappally Taluk,

..55..

2025:KER:98046

Kottayam district. It is 138 km from Thiruvananthapuram, 113 km from Kochi, and 48 km to Sabarimala. Most of this land is plain, and the rest is a small hilly area. The southern part of the land shares a boundary with forest land known as Ponthanpuzha Forest. The estate is situated near the PWD roads of Kottayam-Erumeli- Pampa, Theni - Kumily - Mundakayam -Erumeli- Pampa, Thiruvananthapuram -Pathanamthitta - Ranni - Erumeli, and Changanassery-Manimala- Erumeli PWD roads. It is also close to the Kollam-Theni National Highway and the newly proposed Bharanikkavu-Pathanamthitta - Ranni

- Erumeli - Mundakayam National Highway. The other developmental prospects of this location are considered as; Firstly, it's very close proximity to Erumeli town, and second, it has direct link roads to towns such as Peerumed, Kumily, and Thekkady in Idukki district, as well as Kambam and Madurai in Tamil Nadu.

2. Travancore Rubbers Cliptham, also known as Propos Estate, Kottayam

The proposed area is 824.48 acres of land belonging to Kanjirapalli taluk of Kottayam district. It is 135 km from Thiruvananthapuram, 110 km from Kochi and 45 km to Sabarimala. Most of this land is plain and rest is small hilly area. There is approximately two acres of forest land adjacent to the northern side of Peruthod near Erumeli-Mundakkayam P.W.D. road. The Forest Department's guard station is also situated on this land. Additionally, starting approximately 3 kilometers east of the Travancore Rubber Estate, there is forest land beginning from an area called Koyilkkavu. The estate is located near the PWD roads of Theni - Kumali - Mundakkayam -

..56..

2025:KER:98046

Erumeli - Pampa, Kottayam - Kanjirapalli- Erumeli-Pampa (T Roads newly announced Bharanikkavu - Pathanamthitta - Ranni- Vadasserikkara - Erumeli - Mundakkayam), Changanassery-Manimala-Erumeli-Mundakkayam, and Thiruvalla - Ranni-Erumeli-Mundakkayam. When considering other developmental prospects, the proposed area is located very close to Erumeli town. Additionally, it has direct road links to towns such as Peerumed, Kumily, and Thekkady in Idukki district, as well as Kambam and Madurai in Tamil Nadu.

3. Tropical Plantation Kottayam, also known as Vellanadi Estate

The proposed area is 749.10 acres of land belonging to Kanjirapalli taluk of Kottayam district. It is 148 km from Thiruvananthapuram and 112 km from Kochi. The distance to Sabarimala is 55 km, but there is no direct road connection. Most of this land consists of small hills and the rest is plain areas. There is approximately two acres of forest land on the eastern side of the land. The forest department's guard station is also located on this land. Additionally, there are about 150 meters of forest land boundary from the Travancore Rubber Estate. Vellanadi Estate is situated about 2.5 km north-east of Mundakkayam on the Kollam- Theni road. The proposed area is very close to Erumeli town. There are direct road links to towns such as Peerumedu, Kumily and Thekkady in Idukki district, as well as Kambam and Madurai in Tamil Nadu, which create significant development opportunities.

..57..

2025:KER:98046

4. Laha Estate

The proposed area is 2466.11 acres of land belonging to Ranni Taluk of Pathanamthitta District. It is 130 km from Thiruvananthapuram and 125 km from Kochi. The distance to Sabarimala is 38 kilometers, but there is only a single road connection available. Some of this land is flat, while the rest is steep and mountainous. There is a presence of forest on three sides of the site. The Laha Estate is located on both sides of the Pathanamthitta-Pampa road. Being the closest to Sabarimala, it offers significant development potential through pilgrim tourism.

5. Kalleli Estate

The proposed area is 2629.50 acres of land belonging to Konni Taluk of Pathanamthitta District. It is 96.5 km from Thiruvananthapuram and 134 km from Kochi. It is 83 km to Sabarimala but has no direct road connection. Most of this land is hilly, and the higher parts are plains. While considering the transportation facility, the Kalleli Estate is located 5 kilometers away from Eliyarackal, near Konni Junction on the Punalur-Muvattupuzha State Highway. To reach Kalleli Estate, one must cross the forest department checkpost, and approximately 3 kilometers of the road pass through forest land. It has less potential for other development.

6. Kumbazha Estate

The proposed area is 2569.89 acres of land belonging to Konni Taluk of Pathanamthitta District. It is 105 km from Thiruvananthapuram and 125 km from Kochi. It

..58..

2025:KER:98046

is 65 km to Sabarimala but has no direct road connection. The majority of this land consists of hilly terrain and is situated in tiers. The proposed land includes the controversial Chengara Estate. There are no forest areas within the designated land. Kumbazha Estate is accessible via a 10 kilometer stretch of unpaved road from the Pathanamthitta Malayalappuzha main road. This site has less potential for other development.

Cheruvally Estate, also known as Harrison Malayalam Plantation, was selected from the six locations identified for the project based on criteria such as the area of the land, distance from Thiruvananthapuram, Kochi, and other locations, distance to Sabarimala, the topography of the land, transportation facilities, the distance from reserve forests, and other development possibilities."

Having interpreted and understood the requirement under

Section 4(4)(e), this Court is of the definite opinion that

Ext.P45 report has taken stock of the fact that the land

acquisition at an alternate place has been considered and

found not feasible by the appropriate body, as explicit

from the contents of Ext.P45 report extracted herein above.

As already held, the S.I.A. team need not endorse or agree

with the findings of the appropriate Government as regards

..59..

2025:KER:98046

the consideration of alternate sites and its feasibility.

Point no.II is, therefore, concluded against the

petitioners; and in favour of the respondents.

43. Point No.III:-

The third point pertains to the fraud on power, or

alternatively colourable exercise of power. This argument

stems from the allegation that the Government had pre-

determined to acquire the petitioners' land. To

substantiate the allegation, the petitioners rely upon

previous eight unsuccessful attempts made by the

1st respondent Government to grab the petitioners' land, all

of which were effectively thwarted by the petitioners by

recourse to necessary litigations. In short, the Government

was guided by extraneous motives in choosing the

petitioners' land for the purpose of acquisition, is the

argument advanced. The following table containing the list

of dates and events, culled out from the testimonials

submitted by the petitioner's counsel, reveals the alleged

..60..

2025:KER:98046

attempts made by the Government and the litigations, which

ensued therefrom.

TABLE - III

DATE EVENT REMARKS

1-8-2005 Gospel for Asia (hereinafter referred to as "GFA/Trust"), presently Ayana Charitable Trust, purchased the Rubber Plantation having an extent of 2263 acres of land situated in Sy.No.281, 282, 283, 284/2, Ext.P1 284/3, 284/4 in Erumely Village and Sy No.299 in Manimala Village (hereinafter referred to as "Property/Cheruvally Estate") from Harrisons Malayalam Ltd, as per Sale Deed No.2329/2005.

2006 W.P.(C) 28870/2006 filed by one P.R.Harikumar challenging the sale of Cheruvally estate and praying the Government of Kerala to take possession of the same.

18-10-2007 The Village Officer, Erumely South, issued an order restraining GFA from cutting any rubber trees from the Property Ext.P5 alleging that the Trust had in its possession land, which was to be surrendered.

..61..

2025:KER:98046

22-10-2007 The Village Officer, Erumely South issued another order directing the trust not to Ext.P6 remove any rubber trees, that had already been cut from the property.


        2007      The Orders dated 18-10-2007 and
                  Order dated     22-10-2007 were
                  challenged by the Trust      by
                  filing    Writ   Petition   (C)
                  No.32628/2007.

    10-4-2008     The Government Pleader made a

statement before the High Court that the Trust could be permitted to remove the rubber trees that had already been cut, Ext.P7 subject to payment of seignorage. The Kerala High Court passed an Order to the said effect.

30-5-2008 The assignor company started felling of rubber trees. The Revenue Official however interdicted it on the premise that the entire matter was open as per the remand order in C.R.P.No.3661/1982.

This stand of the Government was rejected by the Kerala High Court by Judgment in W.P.(C) No.738/2008 by holding that "it cannot in any manner touch the exemption already granted as per Exhibit-P3. Viewed in the aforesaid angle there is absolutely no reason for

..62..

2025:KER:98046

imposition of a restriction on the felling of rubber trees from the Mundakkayam estate".



     5-6-2008     The    Tahsilar,    Kanjirapally
                  issued    Notice  no.12633/05/B8

proposing to cancel the order of mutation.

11-12-2008 The Tahsildar, Kanjirappally issued an order cancelling the mutation on the ground that a Land Ceiling Case was pending before the Land Board, Vythiri, Ext.P8 and hence the transfer and consequential mutation were illegal.


    19-6-2009     The Trust challenged the Order
                  dated   11-12-2008   before   the
                  Revenue    Divisional    Officer,
                                                        Ext.P9

Kottayam. The Appeal was however dismissed.

5-2-2010 The Trust challenged the Order dated 19-6-2009 in revision before the District Collector, Ext.P10 Kottayam. The revision was also dismissed.


       2010       The Trust filed Writ Petition
                  (C) No.6258/2010      challenging
                  the following orders:

a) Order dated 11-12-2008 passed by the Tahsildar, Kanjirappally.

..63..

2025:KER:98046

b) Order dated 19-6-2009 passed by the Revenue Divisional Officer; and

c) Order dated 5-2-2010 passed by the District Collector, Kottayam.

2010 The Kerala High Court passed an Order staying the cancellation of the mutation in Writ Petition (C) No.6258/2010.


       2010       Despite the stay Order granted
                  by the Kerala High Court, the
                  Additional             Tahsildar,
                  Kanjirappally,   passed    orders
                  taking over the estate.

                  The    Trust     challenged    the
                  aforesaid    Order    in   W.P.(C)
                  No.18164/2010.

       2010       The Kerala High Court by its

Order in W.P.(C)No. 18164/2010 stayed the Order taking over the Estate.

2010 The Government of Kerala set up a High Level Committee chaired by Justice Manoharan (Rtd.). The said committee submitted a report without hearing the Trust, allegedly.

29-5-2010 Notice was issued by the Additional Tahsildar to show cause as to why action under Section 12 (1) of the Kerala

..64..

2025:KER:98046

Land Conservancy Act, 1957 not be taken against the Trust.

10-6-2010 Writ Petition (C) No.18164/2010 was filed by the Trust against the show cause notice dated 29- 5-2010.

A single judge of the Kerala High Court while hearing Writ

passed an interim order staying the proceedings pursuant to the show cause notice.

The Trust also filed Writ

challenging the orders passed by the state to pay seigniorage for the rubber wood and rubber firewood at the revised rate of Rs.1710/- and Rs.725/-.

2011 Trust also filed Writ Petition (C) No. 11704/2011 challenging the notice issued by the Deputy Ranger, Forest Station, Plachery whereby the trust was directed to stop the pineapple cultivation in its property.

Writ Petition (C) 22082/2011 was filed seeking a direction to the forest officials to release the vehicle seized.

30-06-2011 High Court delivered its common judgment wherein the following petitions were disposed off:

..65..

2025:KER:98046

a) Writ Petition (C) 30850 and 32628 of 2007

b) Writ Petition (C) 6258, 18164 and 35458 of 2010

c) Writ Petition (C) 11704 of 2011; and

d) Writ Appeal 1049 of 2010

As per Ext.P13 common judgment, the cancellation of mutation and order of taking over the Estate were quashed.

Ext.P13 The report of Justice Manoharan (Rtd.) Committee was repelled and was found to be having no evidentiary value.

The only restriction imposed by the Court on the Trust was that the Trust shall not alienate the property pending the proceedings before the Land Board.

19-8-2011 Firewood and 275 coconuts collected by the employees along with vehicle of the Trust were detained by the authorities who contended that the same would be released only on payment of seigniorage.


    11-8-2011     Writ Petition (C) 22082/2011 was
                  filed by the Trust seeking a
                  direction    to    the    forest

officials to release the vehicle seized.

The Trust by means of the said Writ Petition had challenged

..66..

2025:KER:98046

Order dated 18-10-2007 passed by the Village Officer, Erumely South restraining GFA from cutting any rubber trees from the Property and the Order dated 22-10-2007 passed by the Village Officer, Erumely South directing the Trust not remove any rubber tree.

2011 Review Petition No.676/2011 was filed by the Trust against the Order passed in respect of Writ Petition (C) 32628/2007 for quashing interdictory orders by village offices.

The Trust also prayed for issuing specific direction to refund the seigniorage paid under protest.

2011 Several Review Petitions were filed by the State Government against the Order dated 30-6- 2011. The Review Petitions were filed in respect of the following Petitions:

a) Review Petition No.716 against Order passed in Writ Petition (C) 6258/2010

b) Review Petition No.745 against Order passed in Writ Petition (C) 18164/2010

c) Review Petition No.748 against Order passed in Writ Petition (C) 35458/2010

..67..

2025:KER:98046

d) Review Petition No.750 against Order passed in Writ Petition (C) No.32628/2007 and

e) Review Petition No.751 against Order passed in Writ

f) Review Petition No.744/2011 was also filed by P.R. Harikumar in W.P.(C) No.30850/2007.

6-1-2012 The Kerala High Court was pleased to allow W.P(C) No. 22082/2011 quashing interdictory orders and directed refund of seigniorage.

The seigniorage remitted under Ext.P14 protest was not refunded by the State Government. Hence the Trust filed Cont. Case (C) No.412 of 2012.

19-3-2012 The Special Officer and Collector, appointed by the government issued two stop memos interdicting the cutting and removal of trees.

                                                       Ext.P16,
                  The    Trust    filed     W.P.(C)
                                                       Ext.P17
                  No.7379/2012   challenging    the
                  stop memos dated 19-3-2012 and

challenging order of Tahsildar against construction of rivets.

28-10-2011 The Government filed OP (Civil) 3508/2011 under Article 228 seeking to call for and decide

..68..

2025:KER:98046

matter pending before the Taluk Land Board.

The State of Kerala also filed OP(C) No.2989 of 2011 praying that the Suit OS No. 125 of 2007, pending before the Sub Court, Pathanamthitta, be withdrawn to the High Court for deciding the constitutional question involved therein.

28-2-2013 The Division Bench of the Kerala High Court in Writ Petition (Civil) No.7379 of 2012 quashed stop memo dated 19-3-2012 and held that it was part of the propriety rights of GFA to carry out necessary actions, to put Ext.P18 the land to use, without changing its nature and status and to preserve the land and ensure that there were no further inter-meddlers.


     6-3-2013     A meeting was under the aegis of
                  the    Minister      of    Revenue,
                  Government     of     Kerala    was
                  convened,    which    resolved   to

introduce a scheme comprising of a short term plan to appoint a special officer with unbridled Ext.P19 powers to take over the (Minutes) properties under KLC Act and long term plan to promulgate ordinance to overcome the judgments of this Hon'ble Court were drawn for implementation.

..69..

2025:KER:98046

9-9-2013 Thereafter OP(C) No. 2989/2011 and OP(C) No. 3508/2011 were Ext.P20 dismissed by the Division Bench.

23-9-2014 The High Court in Cont (C) No.579/2012 gave 45 days to the State to return the seigniorage Ext.P21 in compliance of the direction in RP No.676/2011 in W.P.(C) No.32628/2007.

Thereafter the Government issued interdictory orders, which were challenged before this Hon'ble

against judgment in W.P.(C) No.14913/2013 and in W.P.(C) No.5510/2015.

16-3-2015 The Special Officer and Collector issued Notices under section 12 of the Kerala Land Conservancy Act, 1957, passed an Ext.P22 order declaring the subject matter property as a puramboke.

31-3-2015 Writ Petition WP(C) 10640/2015 was filed before the High Court challenging the Notices issued by the Special Officer/ Collector.

09-02-2016 Supplementary Deed No.6 for name change from Gospel for Asia to Ayana Charitable Trust.

2017 W.P(C) No.5545 of 2017 also came to be filed as a public interest litigation seeking a direction

..70..

2025:KER:98046

for C.B.I. Enquiry, based on the recommendation by the Special Officer that large scale fraud was committed by Harrisons Malayalam Ltd in transferring and holding properties in collusion with revenue officials.

11-4-2018 The Division Bench passed judgment in Writ Petition (C) Ext.P26 33122/2014 and other connected petitions.

The Division Bench heard W.P.(C) No.10640/2015 along with W.P.(C) Nos.33122/2015, 7711/2013, W.P. (C) No. 5510/2015, W.P.(C) Nos.10320/2015, 10962/2015, W.P. (C) No.11598/2015, W.P.(C) Nos.8437/2016, 5545/2017 and quashed order of the Special Officer and Collector dated 28-5-2015, Notice issued by the Special officer and Collector under Rule 11 of the Kerala Land Conservancy Rules dated 28.05.2015 and Minutes dated 6- 3-2013.

The Division Bench rejected the claim of the title of the Government over the property.

                  The action of the Government
                  initiating    land   conservancy
                  proceedings      and     issuing

interdictory orders were held as without jurisdiction and adverse orders passed against the Trust was quashed. It was also held that title has to be found in a

..71..


                                                        2025:KER:98046


                  properly       initiated      civil
                  proceeding.

17-9-2018 The Judgment dated 11-4-2018 was challenged before the Hon'ble Supreme Court in SLP (C) 24028- Ext.P27 24035/2018 and the SLP was dismissed.

Dec 2019 The State of Kerala filed Suit, (O.S No. 72/2019) before the Sub Court, Pala, Kerala against Ext.P28 Ayana Charitable Trust, and others seeking declaration of title and other reliefs.

44. It is in addition to the above referred events, that

the litigations pertaining to the subject acquisition

commenced, the details of which have already been referred

to in the Table-I containing the list of dates.

45. In the backdrop of the above events, the petitioners

alleged fraud on power.

46. Having heard the Learned Senior Counsel on behalf of

the petitioners and the learned Advocate General on behalf

of the State, this Court cannot, at this stage, negate the

..72..

2025:KER:98046

above contention of the petitioners. All the same, it is

not ripe for this Court to conclude that the acquisition

proceedings are vitiated by fraud on power. This is for the

reason that the allegation of fraud on power or colourable

exercise of power is inextricably interwoven with the

requirement of estimating the absolute bare-minimum extent

of land, which is the statutory mandate flowing from

Sections 4(4)(d), 7(5)(b) and 8(1)(c) of the 2013 Act.

Unless that aspect is finalized, as to what is the absolute

bare-minimum extent of land required for the subject

project, a call on the question of fraud on power cannot be

taken. If the respondent Government and the authorities

under it could establish that 2570 acres of land is

genuinely and bonafidely required for the purpose of

acquisition for the subject project and if it is also

established that there is no other single plot having an

extent, which is near to the said extent of 2263 acres of

Cheruvally Estate, probably, the allegation of fraud on

power would crumble to the ground. Per contra, if it is

..73..

2025:KER:98046

established that the bare-minimum land required for the

subject project is 1200 acres as envisaged in Ext.R1(h), or

for that matter, 1500 acres, then, the insistence, if any,

for 2570 acres may verge upon fraud on power, in which

situation, the previous steps taken by the Government

against the subject property and the litigations which

ensued, will assume significance. It may be recalled in

this regard that the property of Travancore Rubbers Ltd.

having an extent of 800 acres was found to be suitable by

the four-member team constituted by the Chief Minister,

which option was excluded essentially on the requirement of

area to the extent of 2570 acres. Therefore, depending upon

the extent which is required genuinely, Travancore Rubber

Ltd. may also become either an option by itself, or clubbed

with another property, the suitability of the same having

been found already. However, without concluding that aspect

pertaining to the absolute bare-minimum extent of land

required for the project, it is neither proper nor feasible

to conclude on the question of fraud on power. In the

..74..

2025:KER:98046

circumstances, this Court is of the opinion that the issue

has to be left open, to be considered, if required, after

the exercise in terms of Sections 4(4)(d), 7(5)(b) and

8(1)(c) is completed. Point no.III concluded accordingly.

47. In view of the findings to point no.I, this Writ

Petition deserves to be allowed. This Court may pinpoint

that the fatal flow is found in the 'decision making

process', than the 'decision' as reflected in Ext.P45

S.I.A. study report, Ext.P47 report of the Expert Group and

Ext.P48 Government Order. There is manifest non-application

of mind, resulting in the omission to consider a vital

factor of limiting the acquisition to the absolute bare-

minimum required. The power of a Writ Court under Article

226 to interfere in such matters, though of a

scientific/technical nature is settled:

i) N.D.Jayal and Another v. Union of India and Others [(2004) 9 SCC 362].

ii) Social Action Forum for Manav Adhikar and Another v.

Union of India, Ministry of Law and Justice and Others [(2018) 10 SCC 443].

..75..

2025:KER:98046

iii) Census Commissioner and Others v. R.Krishnamurthy [(2015) 2 SCC 796].

iv) Federation of Railway Officers Association and Others v. Union of India [(2003) 4 SCC 289].

48. CONCLUSION:-

In the result, this Writ Petition is ordered. It is

declared that Exts.P45, P47 and P48 are bad in law, to

the extent it does not answer the requirements of

Section 4(4)(d) of the 2013 Act. Consequently, Exts.P45,

P47 and P48, insofar as it pertains to the requirements of

and findings on Section 4(4)(d) will stand quashed. It is

clarified that other findings in Exts.P45, P47 and P48 are

not interfered with. Since Ext.P49 notification in terms of

Section 11 can be issued only upon completion of the

exercise warranted vide Sections 4, 7 and 8 of the 2013

Act, Ext.P49 will stand quashed. The acquisitioning

authority will have to restart the exercise of a fresh

S.I.A. study as regards Section 4(4)(d) is concerned,

followed by an appraisal in that regard by the Expert Group

..76..

2025:KER:98046

as per Section 7 and an examination of the proposal and the

Social Impact Assessment report by the appropriate

Government in terms of Section 8 of the 2013 Act.

49. Though a contention is canvassed in the Writ Petition

that the State cannot exercise its powers based on the

principle of 'eminent domain', simultaneous with the

process of acquisition treating the property as belonging

to a third person, the said ground was not highlighted at

the time of hearing. Nor is the determination of that issue

a sine qua non to dispose of this Writ Petition. The said

contention is also, therefore, left open.

50. Before parting with the judgment, this court is

impelled to observe one final aspect. As regards the choice

of the Social Impact Assessment study team, it may be

profitable/advisable to include such number of technical

members having sufficient know-how of the project for which

the acquisition is made, especially when one among the

..77..

2025:KER:98046

requirements in terms of Section 4(4) of the 2013 Act is to

ascertain whether the extent of land proposed for

acquisition is the absolute bare-minimum needed for the

project. This is all the more so, in cases of acquisition

of land for technical projects like airport, dams etc.

Inasmuch as the exercise commencing from Section 4 of the

2013 Act has to be performed again, so as to satisfy the

requirements of Section 4(4)(d), the 1 st respondent

Government may consider inclusion of such expert members

into the S.I.A. study team, the presence of whom would ease

the business, which they are expected to perform.

This Writ Petition is allowed, as indicated above.

Sd/-

                                              C. JAYACHANDRAN,       JUDGE
TR/smp/ak/ww


                                ..78..

                                                     2025:KER:98046


APPENDIX OF WP(C) NO. 18326 OF 2025

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO:

2329/2005 DATED 01.08.2005.

EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT DATED 13.08.2007 OF ERUMELI VILLAGE.

EXHIBIT P3 TRUE COPY OF THE LAND TAX RECEIPT DATED 13.08.2007 OF MANIMALA VILLAGE.

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF REGISTRATION AS AMENDED DATED 01.08.1990.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.175/2005 DATED 18.10.2007 ISSUED BY THE VILLAGE OFFICER, ERUMELY SOUTH.

EXHIBIT P6 TRUE COPY OF THE ORDER NO.175/2005 DATED 22.10.2007 ISSUED BY THE VILLAGE OFFICER, ERUMELY SOUTH.

EXHIBIT P7 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN W.P.(C) NO.32628/2007 DATED 10.04.2008.

EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS OF THE KANJIRAPPALLY TAHSILDHAR NO.B8-12633/ 2005 DATED 11.12.2008.

EXHIBIT P9 TRUE COPY OF ORDER NO.5679/2008 PASSED BY THE REVENUE DIVISIONAL OFFICER, KOTTAYAM DATED 19.06.2009.

EXHIBIT P10 TRUE COPY OF THE ORDER NO.E9-38186/09 OF THE 2ND RESPONDENT DATED 05.02.2010.

..79..

2025:KER:98046

EXHIBIT P11 TRUE OF THE ORDER OF THE ADDITIONAL TAHSILDHAR, KANJIRAPPALLY NO.B8-12633/ 05 DATED 29.05.2010.

EXHIBIT P12 TRUE COPY OF THE ORDER PASSED IN W.P. (C). NO.18164/2010 DATED 11.06.2010 OF THIS HONOURABLE COURT.


EXHIBIT P13                TRUE COPY OF THE COMMON JUDGMENT IN
                           W.P.(C)   NO.30850    OF   2007   DATED

30.06.2011 OF THIS HONOURABLE COURT.


EXHIBIT P14                TRUE COPY OF THE COMMON JUDGMENT IN
                           R.P.    NO.676/2011 IN   WP(C)   NO.

32628/2007 AND OTHER CONNECTED CASES DATED 06.01.2012.

EXHIBIT P15 TRUE COPY OF THE CIRCULAR NO.2945/A1/ 12/RD DATED 12.03.2012 ISSUED BY THE ADDITIONAL CHIEF SECRETARY.


EXHIBIT P16                TRUE COPY OF STOP MEMO NO.B8-12633/05
                           DATED   19.03.2012    ISSUED   BY   THE

ADDITIONAL TAHSILDHAR, KANJIRAPPALLY TO THE 1ST PETITIONER AND HARRISONS MALAYALAM PLANTATION.


EXHIBIT P17                TRUE COPY OF STOP MEMO NO.B8-12633/05
                           DATED   19.03.2012    ISSUED   BY   THE

ADDITIONAL TAHSILDHAR, KANJIRAPPALLY TO THE 1ST PETITIONER.

EXHIBIT P18 TRUE COPY OF THE JUDGMENT IN W.P (C) NO.7379/2012 DATED 28.02.2013 OF THIS HONOURABLE COURT.

EXHIBIT P19 TRUE COPY OF THE MINUTES OF THE MEETING CONVENED BY THE HON'BLE MINISTER OF REVENUE DATED 06.03.2013.

..80..

2025:KER:98046

EXHIBIT P20 TRUE COPY OF THE COMMON JUDGMENT IN O.P.(C) NO.2989/2011 AND CONNECTED CASE DATED 09.09.2013 OF THIS HONOURABLE COURT.

EXHIBIT P21 TRUE COPY OF THE ORDER IN CONT. OF COURT CASE (C) NO.579/2012 DATED 23.09.2014 OF THIS HONOURABLE COURT.

EXHIBIT P22 TRUE COPY OF THE NOTICE NO.GLR (LR) 14/2013 DATED 16.03.2015 ISSUED BY THE SPECIAL OFFICER AND COLLECTOR.

EXHIBIT P23 TRUE COPY OF THE ORDER NO.GLR-(LR)-90/ 2014 OF THE SPECIAL OFFICER AND COLLECTOR DATED 28.05.2015.

EXHIBIT P24 TRUE COPY OF THE NOTICE NO.GLR-(LR)-90/ 2014 ISSUED BY THE SPECIAL OFFICER AND COLLECTOR UNDER RULE 11 OF THE KERALA LAND CONSERVANCY RULE DATED 28.05.2015.

EXHIBIT P25 TRUE COPY OF THE REPLY OF THE LEARNED LAW SECRETARY DATED 04.04.2017 NO.21443/LEG.B2/2016/LAW OBTAINED BY THE 1ST PETITIONER UNDER RIGHT TO INFORMATION ACT.

EXHIBIT P26 TRUE COPY OF THE COMMON JUDGMENT OF THIS HON'BLE COURT IN W.P.(C). NO. 33122/2014 AND CONNECTED CASES DATED 11.4.2018 OF THIS HONOURABLE COURT.

EXHIBIT P27 TRUE COPY OF THE JUDGMENT OF THE HON'BLE APEX COURT IN SPECIAL LEAVE PETITION SLP NO.24028-24035/2018 DATED 17.09.2018.

EXHIBIT P28 TRUE COPY OF THE PLAINT IN O.S. NO.72/2019 BEFORE THE SUB COURT, PALA DATED 07.12.2019.

..81..

2025:KER:98046

EXHIBIT P29 TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO.72/2019 BEFORE THE SUB COURT, PALA DATED 02.03.2020 FILED BY THE TRUST.

EXHIBIT P30 TRUE COPY OF THE GOVERNMENT ORDER G.O (M.S) NO.158/2020/RD DATED 18.06.2020 ISSUED BY THE PRINCIPAL SECRETARY.

EXHIBIT P31 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

13332/2020 OF THIS HON'BLE COURT DATED 16.10.2020.

EXHIBIT P32 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

11515/2022 DATED 25.11.2022 OF THIS HON'BLE COURT.

EXHIBIT P33 TRUE COPY OF THE LAND TAX RECEIPT NO.21/2860 DATED 28.11.2023 ISSUED BY THE MANIMALA SOUTH VILLAGE OFFICE.

EXHIBIT P34 TRUE COPY OF THE LAND TAX RECEIPT NO.22/3676 DATED 28.11.2023 ISSUED BY THE ERUMELY SOUTH VILLAGE OFFICE.

EXHIBIT P35 TRUE COPY OF THE NOTIFICATION NO.G.O. (MS.) NO.312/2022/RD DATED 30.12.2022.

EXHIBIT P36 TRUE COPY OF THE GOVERNMENT ORDER NO.

                           G.O.(MS)    NO.283/2023   RD    DATED
                           20.12.2023.

EXHIBIT P37                TRUE COPY OF THE OFFICIAL ANNOUNCEMENT

OF MINISTRY OF CIVIL AVIATION IN THEIR SOCIAL MEDIA HANDLE DATED 17.04.2023.

EXHIBIT P38 TRUE COPY OF THE NOTIFICATION NO.

S.R.O.278/2024 UNDER SECTION 11(1) OF LARR ACT 2013 DATED 13.03.2024.

..82..

2025:KER:98046

EXHIBIT P39 TRUE COPY OF THE INTERIM ORDER DATED 25.04.2024 PASSED BY THIS HON'BLE COURT IN W.P.(C) 13775/2024.

EXHIBIT P40 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

13775/2024 OF THIS HON'BLE COURT DATED 20.06.2024.

EXHIBIT P41 TRUE COPY OF THE GOVERNMENT ORDER GO(P) NO.204/2024 RD DATED 09.09.2024.

EXHIBIT P42 TRUE COPY OF THE OBJECTIONS SUBMITTED BY THE PETITIONER DATED 28.11.2024.

EXHIBIT P43 TRUE COPY OF APPREHENSIONS AND OBJECTIONS RAISED IN THE PUBLIC HEARING ON 29.11.2024 AND 30.11.2024 REPRODUCED IN ANNEXURE 10 AND ANNEXURE 11 OF THE S.I.A REPORT.

EXHIBIT P43(A) TRUE TRANSLATED COPY OF APPREHENSIONS AND OBJECTIONS RAISED IN THE PUBLIC HEARING ON 29.11.2024 AND 30.11.2024.

EXHIBIT P44 TRUE COPY OF THE PHOTOGRAPHS OF THE CHERUVALLY ESTATE.

EXHIBIT P45 TRUE COPY OF THE SOCIAL IMPACT ASSESSMENT STUDY FINAL REPORT DATED 27.12.2024.

EXHIBIT P46 TRUE COPY OF THE GOVERNMENT ORDER NO.

G.O.(MS)NO.60/2017/TRANS DATED 21-7- 2017.

EXHIBIT P46(A) TRUE TRANSLATED COPY OF THE GOVERNMENT ORDER NO.G.O.(MS)NO.60/2017/TRANS DATED 21-7-2017.

EXHIBIT P47 TRUE COPY OF THE EXPERT COMMITTEE REPORT DATED 28.01.2025.

..83..

2025:KER:98046

EXHIBIT P47 (A) TRUE TRANSLATED COPY OF THE EXPERT COMMITTEE REPORT DATED 28.01.2025.

EXHIBIT P48 TRUE COPY OF THE GOVERNMENT ORDER G.O. (RT) NO.91/2025/RD DATED 8-4-2025 UNDER SECTION 8 OF THE LARR ACT, 2013.

EXHIBIT P48(A) TRUE TRANSLATED COPY OF GOVERNMENT ORDER G.O.(RT) NO.91/2025/RD DATED 8-4-2025 UNDER SECTION 8 OF THE LARR ACT, 2013.

EXHIBIT P49 TRUE COPY OF THE NOTIFICATION NO.SRO NO.484/25 DATED 25.04.2025.

EXHIBIT P49(A) TRUE TRANSLATED COPY OF RELEVANT EXTRACT OF NOTIFICATION NO. SRO NO.484/25 DATED 25.04.2025 UNDER SECTION 11(1) OF THE ACT.

EXHIBIT P50 TRUE COPY OF THE OBJECTION SUBMITTED BY THE 1ST PETITIONER TO THE RESPONDENTS 2, 4 & 5 IN EXT.P-49 DATED 07.05.2025.

EXHIBIT P51 TRUE COPY OF THE GOVERNMENT ORDER NO.

G.O.(RT) NO.270/2023/TRANS DATED 1-07-2023 ISSUED BY THE GOVERNMENT OF KERALA.

EXHIBIT P52 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 14.07.2025.


EXHIBIT P53                TRUE COPY OF THE LETTER DATED 14-7-2025
                           ADDRESSED   BY    THE   PETITIONER   TO
                           RESPONDENT NO.2 AND 5.

EXHIBIT P54                TRUE COPY OF THE LETTER DATED 23-7-2025

ADDRESSED BY RESPONDENT NO.5 TO THE PETITIONER AND LETTER DATED 2-8-2025 ISSUED BY THE PETITIONER TO KSIDC.

..84..

2025:KER:98046

EXHIBIT P55 TRUE COPY OF THE DETAILED TABLE CONTAINING THE ENTIRE CONTENTS OF PARA 2.4 OF THE S.I.A STUDY AND THE 2017 COMMITTEE REPORT FOR CONVENIENCE OF ADDRESSING THIS HON'BLE COURT DATED 21.7.2017.

EXHIBIT P56 TRUE TRANSLATED COPY OF THE FOUR MEMBER INSPECTION REPORT DATED 21-4-2017 PRODUCED BY RESPONDENT AS EXT.R1(b) FOR CONVENIENCE OF ADDRESSING THIS HON'BLE COURT.

EXHIBIT P57 TRUE TRANSLATED COPY OF G.O.(MS.)NO.

60/2017/TRANS DATED 21-7-2017 PRODUCED BY RESPONDENT AS EXT.R1(c) FOR CONVENIENCE OF ADDRESSING THIS HON'BLE COURT.

EXHIBIT P58 TRUE TRANSLATED COPY OF G.O.(MS) NO.

13/2017/TRANSP DATED 21-2-2017 PRODUCED BY RESPONDENT AS EXT.R1(a) FOR CONVENIENCE OF ADDRESSING THIS HON'BLE COURT.

EXHIBIT P59 TRUE COPY OF THE GUIDELINES FOR SETTING UP OF GREENFIELD AIRPORTS BY THE MINISTRY OF CIVIL AVIATION, GOVERNMENT OF INDIA.

EXHIBIT P60 PHOTOGRAPH OF THE BOARD OF M/S.TRAVANCORE RUBBERS LTD./PROPOSE ESTATE.

EXHIBIT P61 TRUE COPY OF THE INFORMATION PERTAINING TO COCHIN INTERNATIONAL AIRPORT, KERALA, REVEALING THAT THE AIRPORT IS OPERATING ON 1300 ACRES, AS OBTAINED FROM THE COCHIN INTERNATIONAL AIRPORT WEBSITE: HTTPS://WWW.CIAL.AERO/AIRPORT- INFORMATION/AIRPORT-INFRASTRUCTURE.

..85..

2025:KER:98046

EXHIBIT P62 TRUE COPY OF THE INFORMATION PERTAINING TO THIRUVANANTHAPURAM INTERNATIONAL AIRPORT, KERALA, REVEALING THAT THE AIRPORT IS OPERATING ON 700 ACRES, AS OBTAINED FROM THE THIRUVANANTHAPURAM INTERNATIONAL AIRPORT WEBSITE HTTPS:// WWW.ADANI.COM/THIRUVANANTHAPURAM- AIRPORT /ABOUT-US.

EXHIBIT P63 TRUE COPY OF THE INFORMATION PERTAINING TO KOZHIKODE INTERNATIONAL AIRPORT, KERALA, REVEALING THAT THE AIRPORT IS OPERATING ON 373 ACRES AS OBTAINED FROM THE AIRPORT ECONOMIC REGULATORY AUTHORITY OF INDIA: DETERMINATION OF AERONAUTICAL TARIFF FOR CALICUT INTERNATIONAL AIRPORT.

EXHIBIT P64 TRUE COPY OF THE INFORMATION PERTAINING TO KANNUR INTERNATIONAL AIRPORT, KERALA REVEALING THAT THE AIRPORT IS OPERATING ON 2300 ACRES, AS OBTAINED FROM THE KANNUR INTERNATIONAL AIRPORT WEBSITE, HTTPS://KANNURAIRPORT.AERO/ CORPORATE/ AIRPORT-INFRASTRUCTURE.

EXHIBIT P65 TRUE COPY OF THE INFORMATION PERTAINING TO AIRPORT AT PILGRIMAGE SITE, SHIRDI- MAHARASHTRA (DOMESTIC): GREENFIELD AIRPORT, REVEALING THAT THE AIRPORT IS OPERATING ON 864 ACRES AS OBTAINED FROM THE MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LIMITED WEBSITE HTTPS:// WWW.MADCINDIA.ORG/PROJECTSHIRDI _OVERVIEW.


EXHIBIT P66                TRUE COPY OF THE INFORMATION PERTAINING
                           TO   AIRPORT   AT    PILGRIMAGE   SITE,
                           KUSHINAGAR,       i.e.,      KUSHINAGAR

INTERNATIONAL AIRPORT,U.P, REVEALING THAT THE AIRPORT IS OPERATING ON 589 ACRES, AS OBTAINED FROM THE WEBSITE

..86..

2025:KER:98046

OF AIRPORTS AUTHORITY OF INDIA WEBSITE:

HTTPS://WWW.AAI.AERO/EN/AIRPORTS/ KUSHINAGAR.


EXHIBIT P67                TRUE COPY OF THE INFORMATION PERTAINING
                           TO   AIRPORT    AT    PILGRIMAGE    SITE,

VARANASI, i.e., LAL BAHADUR SHASTRI INTERNATIONAL AIRPORT, VARANASI, REVEALING THAT THE AIRPORT IS OPERATING ON 774 ACRES AS OBTAINED FROM THE PRIOR ENVIRONMENTAL CLEARANCE ISSUED BY MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE FOR EXPANSION OF 'LAL BAHADUR SHASTRI INTERNATIONAL AIRPORT VARANASI'.


EXHIBIT P68                TRUE COPY OF THE INFORMATION PERTAINING
                           TO   AIRPORT    AT   PILGRIMAGE   SITE,

TIRUPATI, i.e., TIRUPATI INTERNATIONAL AIRPORT, REVEALING THAT THE AIRPORT IS OPERATING ON 339.56 ACRES, AS OBTAINED FROM THE BRIEF PROJECT SUMMARY OF TIRUPATI INTERNATIONAL AIRPORT.

EXHIBIT P69 TRUE COPY OF THE INFORMATION PERTAINING TO CHHATRAPATI SHIVAJI MAHARAJ INTERNATIONAL AIRPORT (CSMIA), MUMBAI, REVEALING THAT THE AIRPORT IS OPERATING ON 1900 ACRES, AS OBTAINED FROM THE CHHATRAPATI SHIVAJI MAHARAJ INTERNATIONAL AIRPORT WEBSITE HTTPS://CSMIA-MUMBAI.ADANIAIRPORTS. COM/EN/ABOUT-US.

EXHIBIT P70 TRUE COPY OF THE INFORMATION PERTAINING TO CHENNAI INTERNATIONAL AIRPORT, CHENNAI, REVEALING THAT THE AIRPORT IS OPERATING ON 1300 ACRES, AS OBTAINED FROM THE BRIEF ON CHENNAI INTERNATIONAL AIRPORT.

..87..


                                                     2025:KER:98046


EXHIBIT P71                TRUE COPY OF THE INFORMATION PERTAINING
                           TO   NETAJI    SUBHASH    CHANDRA   BOSE
                           INTERNATIONAL      AIRPORT,     KOLKATA,

REVEALING THAT THE AIRPORT IS OPERATING ON 2460 ACRES, AS OBTAINED FROM THE BRIEF SUMMARY OF NETAJI SUBHAS CHANDRA BOSE INTERNATIONAL AIRPORT.

EXHIBIT P72 TRUE COPY OF THE INFORMATION PERTAINING TO INDIRA GANDHI INTERNATIONAL AIRPORT, DELHI, REVEALING THAT THE AIRPORT IS OPERATING ON 5106 ACRES, AS OBTAINED FROM JSW/INDIRA GANDHI INTERNATIONAL AIRPORT, DELHI WEBSITE.


EXHIBIT P73                TRUE COPY OF THE INFORMATION PERTAINING
                           TO   LOK    PRIYA   GOPINATH   BORDOLOI
                           INTERNATIONAL     AIRPORT,    GUWAHATI,

REVEALING THAT THE AIRPORT IS OPERATING ON 823.23 ACRES, AS OBTAINED FROM THE AIRPORTS ECONOMIC REGULATORY AUTHORITY OF INDIA: REGARDING DETERMINATION OF AERONAUTICAL TARIFFS IN RESPECT OF LOK PRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT.

EXHIBIT P74 TRUE COPY OF THE INFORMATION PERTAINING TO DR.BABASAHEB AMBEDKAR INTERNATIONAL AIRPORT, NAGPUR, REVEALING THAT THE AIRPORT IS OPERATING ON 1235 ACRES, AS OBTAINED FROM THE WEBSITE OF MIHAN INDIA LIMITED WEBSITE (JOINT VENTURE COMPANY RESPONSIBLE FOR MANAGEMENT OF AIRPORT):HTTPS://MIHANINDIA.IN/#/ ABOUT-US/#OUR-VALUES.


EXHIBIT P75                TRUE COPY OF THE INFORMATION PERTAINING
                           TO        VISAKHAPATNAM        AIRPORT,
                           VISAKHAPATNAM,      ANDHRA     PRADESH,

REVEALING THAT THE AIRPORT IS OPERATING ON 350.31 ACRES, AS OBTAINED FROM THE AIRPORTS ECONOMIC REGULATORY AUTHORITY

..88..

2025:KER:98046

OF INDIA PAPER REGARDING DETERMINATION OF AERONAUTICAL TARIFFS IN RESPECT OF VISAKHAPATNAM AIRPORT.

EXHIBIT P76 TRUE COPY OF THE INFORMATION PERTAINING TO KAZI NAZRUL ISMAL AIRPORT- DURGAPUR- WEST BENGAL: GREENFIELD AIRPORT (DOMESTIC), REVEALING THAT THE AIRPORT IS OPERATING ON 650 ACRES, AS OBTAINED FROM THE WEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION WEBSITE.

EXHIBIT P77 TRUE COPY OF THE INFORMATION PERTAINING TO PAKYONG AIRPORT SIKKIM: GREENFIELD AIRPORT, REVEALING THAT THE AIRPORT IS OPERATING ON 201 ACRES, AS OBTAINED FROM THE AIRPORT AUTHORITY OF INDIA WEBSITE HTTPS://WWW.AAI.AERO/EN/ AIRPORTS/PAKYONG.

EXHIBIT P78 TRUE COPY OF THE INFORMATION PERTAINING TO DONYI POLO AIRPORT, ITANAGAR, ARUNACHAL PRADESH: GREENFIELD AIRPORT, REVEALING THAT THE AIRPORT IS OPERATING ON 690 ACRES, AS OBTAINED FROM THE PMO OFFICE: PRESS INFORMATION BUREAU: PRESS RELEASE.

EXHIBIT P79 TRUE COPY OF THE INFORMATION PERTAINING TO SINDHUDURG-MAHARASHTRA: GREENFIELD AIRPORT (DOMESTIC), REVEALING THAT THE AIRPORT IS OPERATING ON 679.54 ACRES, AS OBTAINED FROM THE MINISTRY OF CIVIL AVIATION: PRESS INFORMATION BUREAU:

PRESS RELEASE.

RESPONDENTS' EXHIBITS:

EXHIBIT R1(a) A TRUE PHOTOCOPY OF G.O.(MS) NO.13/ 2017/TRANS DATED 21.02.2017.

..89..

2025:KER:98046

EXHIBIT R1(b) A TRUE PHOTOCOPY OF THE INSPECTION REPORT FORWARDED BY THE COMMITTEE TO THE GOVERNMENT OF KERALA ON 25.04.2017.

EXHIBIT R1(c) A TRUE PHOTOCOPY OF THE G.O.(MS) NO.

60/2017/TRANS DATED 21.07.2017.

EXHIBIT R1(d) A TRUE PHOTOCOPY OF THE G.O.(MS) NO.

17/2021/TRANS DATED 13.08.2021.

EXHIBIT R1(e) A TRUE PHOTOCOPY OF THE JUDGMENT DATED 11.10.2023 IN W.P.(C) NO.29622 OF 2023 OF THIS HONOURABLE COURT.

EXHIBIT R1(f) A TRUE PHOTOCOPY OF THE JUDGMENT DATED 08.08.2024 IN W.A NO.2080 OF 2023.

EXHIBIT R1(g) A TRUE COPY OF THE G.O.(MS) NO. 220/ 2021/RD DATED 06.11.2021.

EXHIBIT R1(h) A TRUE PHOTOCOPY OF D.O. NO.AAI/PLG/ 501/MASTER PLAN/2022/1516 DATED 02.12.2022.

EXHIBIT R1(i) A TRUE PHOTOCOPY OF THE LETTER NO.D2/ 359/2019-TRANS DATED 06.06.2023 ISSUED BY THE SECRETARY TO GOVERNMENT, TRANSPORT (E) DEPARTMENT.

EXHIBIT R1(j) A TRUE PHOTOCOPY OF THE LETTER NUMBERED D.O.NO.PLG/518/2.9/TRIVANDRUM/200/2016 DATED 14.03.2016.

EXHIBIT R1(k) A TRUE PHOTOCOPY OF THE LETTER NO.PLG/ 501/THIRUVANANTHAPURAM/LAND/2023 DATED 15.04.2024.

EXHIBIT R1(l) A TRUE PHOTOCOPY OF THE LETTER NO.

TIAL/CAO/LA/005 DATED 15.03.2023.

..90..

2025:KER:98046

EXHIBIT R1(m) A TRUE PHOTOCOPY OF THE LETTER NO.AV.

20036/543/2015-AAI DATED 24.03.2021.

EXHIBIT R1(n) A TRUE PHOTOCOPY OF THE MASTER PLAN FOR CALICUT AIRPORT, AS PART OF THE VIKASIT BHARAT 2047.

EXHIBIT R1(o) A TRUE PHOTOCOPY OF THE LETTER NO.

CIAL/CS/GOVERNMENT.-TRANS/SMA/2025 DATED 19.09.2025 ADDRESSED FROM THE EXECUTIVE DIRECTOR AND COMPANY SECRETARY, COCHIN INTERNATIONAL AIRPORT LIMITED TO THE SPECIAL OFFICER, SABARIMALA AIRPORT PROJECT.


EXHIBIT R1(p)              A TRUE PHOTOCOPY OF        THE PRINTOUT
                           PERTAINING TO AIRPORT     INFRASTRUCTURE
                           FROM    THE     WEBSITE     OF    KANNUR
                           INTERNATIONAL AIRPORT.

EXHIBIT R1(q)              A TRUE COPY OF THE PRE-FEASIBILITY

REPORT FOR DEVELOPMENT OF CHENNAI GREENFIELD AIRPORT AT PARANDUR.

EXHIBIT R1(r) A REPORT OF ENVIRONMENT AND SOCIAL IMPACT ASSESSMENT (ESIA) OF THE GREENFIELD INTERNATIONAL AIRPORT IN BHOGAPURAM, ANDHRA PRADESH.

EXHIBIT R1(s) A PRINTOUT OF THE DETAILS OF RAJIV GANDHI INTERNATIONAL AIRPORT, HYDERABAD.

EXHIBIT R1(t) A TRUE COPY OF THE ENVIRONMENT MANAGEMENT PLAN FOR THE ADDITION OF EASTERN CONNECTIVITY TUNNEL AT KEMPEGOWDA INTERNATIONAL AIRPORT, BENGALURU.

EXHIBIT R1(u) A PRINTOUT OF THE DETAILS IN NOIDA INTERNATIONAL AIRPORT

..91..

2025:KER:98046

EXHIBIT R1(v) A TRUE COPY OF THE FINAL EIA REPORT OF ENVIRONMENTAL IMPACT ASSESSMENT FOR ENVIRONMENTAL AND CRZ CLEARANCE OF ON-GOING PROJECT FOR ESTABLISHMENT OF NAVI MUMBAI INTERNATIONAL AIRPORT.

EXHIBIT R1(w) A TRUE PHOTOCOPY OF THE LETTER NO. SAP/ 1/98-VOL III/PART III ISSUED FROM THE DIRECTOR, DIRECTORATE OF CIVIL AVIATION, GOVERNMENT OF GOA TO THE DIRECTOR (IA-III), INFRASTRUCTURE PROJECTS, NEW DELHI.

EXHIBIT R1(x) A TRUE PHOTOCOPY OF THE PRINTOUT IN DETAILS OF AIRPORT INFRASTRUCTURE DEVELOPMENT UNDER PHASE - II.

EXHIBIT R1(y) A COPY OF ANSWER TO THE UNSTARRED QUESTION NO.31 ABOUT THE STATUS OF KUSHINAGAR INTERNATIONAL AIRPORT OF THE GOVERNMENT OF INDIA, MINISTRY OF CIVIL AVIATION, IN RAJYA SABHA.

EXHIBIT R1(z) A COPY OF THE BRIEF PROJECT SUMMARY OF TIRUPATI INTERNATIONAL AIRPORT.

EXHIBIT R1(aa) A COPY OF THE PRE-FEASIBILITY REPORT (PFR) FOR THE EXPANSION OF DR.BABASAHEB AMBEDKAR INTERNATIONAL AIRPORT PUBLISHED BY MINISTRY OF ENVIRONMENTAL AND FOREST IN THEIR WEBSITE ON 16.11.2021.

 
Download the LatestLaws.com Mobile App
 
 
Latestlaws Newsletter
 

Publish Your Article

 

Campus Ambassador

 

Media Partner

 

Campus Buzz

 

LatestLaws Guest Court Correspondent

LatestLaws Guest Court Correspondent Apply Now!
 

LatestLaws.com presents: Lexidem Offline Internship Program, 2026

 

LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!

 
 

LatestLaws Partner Event : IJJ

 

LatestLaws Partner Event : Smt. Nirmala Devi Bam Memorial International Moot Court Competition

 
 
Latestlaws Newsletter