SilverLine, or what is more commonly known as 'K-Rail', is a semi-high speed rail project spanning 529.45 km in Kerala. It stretches from Thiruvananthapuram in the south to Kasaragod in the northern part of the state. It is being implemented by Kerala Rail Development Corporation Limited (K-Rail), a joint venture between the government of Kerala and the Union Railway Ministry, formed in 2017. The project is expected to reduce the travel time between the two ends of the state to four hours.
People have been opposing the project on the grounds that it will displace them from their homes where they have been living for the past several decades. They are also concerned about the loss of livelihoods they will have to suffer once the lands are acquired for the project. Environmental activists have also expressed concerns about the impact of the project on the sensitive biodiverse regions the rail project will pass through.
K-Rail estimates the project cost at Rs 63,940.67 crore. However, according to Niti Aayog estimates the project cost would be around Rs 1.26 lakh crore.
The project will involve acquisition of 1,383 hectares, out of which 1,198 is private land. According to K-Rail Managing Director, Ajith Kumar, 10,000 families will be affected.
In August 2021, Special Tahsildar offices were set up in every district to oversee land acquisition for SilverLine. In October, the special tahsildar offices issued notices under section 6(1) of the Kerala Survey and Boundaries Act to conduct a survey for land acquisition. The survey numbers of each property to be surveyed was mentioned on the notices.
In October 2021, Kerala government ordered a social impact assessment (SIA) and land acquisition for the project based on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act (LARR).
By December 2021, the Kerala government initiated the laying of survey stones along the proposed route, claiming that this was to conduct the social impact assessment.
The manner in which stone laying was carried out was widely criticised as revenue officials ignored people’s concerns and even entered houses. Authorities used heavy police protection, trespassed private property, jumped over walls and even reportedly worked at night to lay the stones. Owners were not given prior notice, even though government websites carried them. Gram sabhas or village assemblies were not consulted during the process. Police used force to remove protesters on several instances and injured protesters. Stones were uprooted at many places across the state, following which protesters were arrested.
In March 2022, amid rising protests, Kerala Chief Minister (CM) Pinarayi Vijayan assured compensation worth four times the market value for lands acquired for the project. However, the DPR mentions different criteria for awarding compensation as high as four times the market value. This means not every individual whose land will be acquired will receive a compensation that is four times the market rate.
By May 2022, stones were laid along 190 km of the total length of the K-Rail project. But after that it was halted in the face of popular protests organised under the public-driven K-Rail Virudha Janakeeya Samithi. Opposition parties Congress and BJP also joined the protests. Following this, K-Rail decided to conduct the survey using geospatial technology.
In July 2022, Ashwini Vaishnav, the Union Railways Minister, told Lok Sabha in a written reply that Kerala government is yet to provide the full details about the technical feasibility of the project.
Even though the stone laying for the project has been paused, the government is yet to address any of the concerns of the people. Even as the CM stated that there is no going back on the project, affected citizens and environmentalists are hoping that the government will consider its repercussions on Kerala’s economy, ecology and society.
Demand/Contention of the Affected Community
Complaint against procedural violations
Demand to cancel the project
Refusal to give up land for the project
Opposition against environmental degradation
Other Demand/Contention of the Affected Community
Region Classification
Urban and Rural
Type of Land
Common and Private
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
Arrest
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Released from arrest
Did the person face any violence while in police custody?
Don't know
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
Yes, they were produced within 24 hours
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Indian Penal Code, 1860
Section 353 (Assault or criminal force to deter public servant from discharge of his duty)
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project underway despite protests
Original Project Deadline
2025
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
"Agricultural land, Residential area, Other environmental services, Commercial"
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
63940.67
Type of investment:
Cost of Project
Year of Estimation
2020
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Non-consultation with stakeholders
Violation of free prior informed consent
Non-implementation/violation of LARR Act
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Kerala
Case Number
WP(C) NO. 30567 OF 2021
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Other harassment
Lathicharge/teargas/pellets
Raid/break-in/theft
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
Revenue officials undertook Social Impact Assessment (SIA) and survey of land to be acquired for the project in December 2021. Despite mounting protests, they strengthened survey stone laying by February and March of 2022. Protesters including the elderly and women and children were removed with force from protest sites. Several protesters were arrested. They were not given prior notice of the survey stone laying. Police used lathi charge, tear gas and water cannon, in addition to physical force, on them. In some places, revenue officials forcefully entered people's homes and laid survey stones even inside houses.
Date of Violation
Location of Violation
The incidents took place across Kerala between December 2021 and May 2022
Government Departments Involved in the Conflict:
Revenue, Police, Kerala Rail Development Corporation Limited (K-Rail)
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
K-Rail Virudha Janakeeya Samithi
What was the action taken by the police?
Arrest
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Released from arrest
Did the person face any violence while in police custody?
Don't know
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
Yes, they were produced within 24 hours
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Indian Penal Code, 1860
Section 353 (Assault or criminal force to deter public servant from discharge of his duty)
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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