Kerala High Court Admits State Government's Appeal in Sabarimala Airport Land Acquisition Case
The Kerala High Court has formally admitted an appeal filed by the state government, challenging a previous single bench order that had quashed the land acquisition proceedings for the proposed Sabarimala greenfield airport. In a significant interim directive, the court has ordered that status quo be maintained with respect to the disputed property until March 4, 2025. This decision marks a pivotal moment in the ongoing legal battle over the ambitious airport project.
Interim Order Issued by Division Bench
A division bench comprising Justices Devan Ramachandran and M B Snehalatha issued this interim order while hearing the state's appeal against the single bench's judgment dated December 19, 2024. The earlier judgment had set aside the notification inviting individual objections to the acquisition of land for the proposed airport. Furthermore, it had partially quashed the social impact assessment (SIA) report and the expert group's recommendation report, casting doubt on the procedural validity of the acquisition process.
Background of the Single Bench Judgment
The single bench had allowed a petition filed by the Ayana Charitable Society of Thiruvalla, formerly known as Gospel for Asia. The court held that the proposed land acquisition violated key provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. This legislation mandates that only the absolute minimum land necessary for a project should be acquired. The state government had proposed acquiring a total of 2,570 acres for the Sabarimala airport, which includes 2,263 acres of the Cheruvally Estate.
The High Court noted that the minimum land requirement for an international airport capable of handling large aircraft, such as a Boeing 777, is approximately 1,200 acres. Although the state argued that a larger extent was essential for future development, the single bench observed critical deficiencies in the supporting documents. Specifically, the SIA report and the expert committee report lacked specific details regarding the land required for existing infrastructure, the nature of proposed future developments, and the precise land necessary for such expansion.
State Government's Arguments in the Appeal
In its appeal, the state government presented several key arguments to justify the acquisition of 2,570 acres. The government submitted that the SIA report had clearly recorded that the proposed airport is planned as an international airport capable of handling ICAO Code-E category aircraft. This classification requires a runway of 3,500 meters, along with mandatory airside facilities such as:
- Runway end-safety areas
- Taxiways
- An apron
- Lighting systems
- Other critical operational infrastructure
The state further contended that additional land beyond the Cheruvally Estate is necessary to meet stringent runway length and safety standards. It also argued that the project will be developed in strict accordance with the Greenfield Airport Policy of 2008, emphasizing that such modern, world-class airports typically require over 2,000 acres to accommodate current and future aviation needs.
Implications and Next Steps
The admission of the appeal and the interim status quo order provide the state government with a crucial opportunity to present its case more comprehensively. The legal proceedings will now focus on whether the acquisition of 2,570 acres aligns with the principles of minimal land acquisition as mandated by law, while also considering the technical requirements for a state-of-the-art international airport. The outcome of this case could have far-reaching implications for infrastructure development in Kerala and set important precedents for land acquisition practices across India.
All parties involved will await the next hearing, as the High Court examines the merits of the state's arguments against the backdrop of regulatory compliance and sustainable development goals.
