Sabarimala Airport Project in Limbo as Court Rejects Government’s Land Claim

The Palai Sub Court has rejected the Kerala government’s assertion that Cheruvally Estate, a key site identified for the proposed Sabarimala airport project, is government-owned land. This significant ruling emerged from a legal dispute over the estate’s ownership between the state government and Gospel for Asia (Ayana Charitable Trust).

This development casts further uncertainty on the Sabarimala Greenfield Airport project, as the Kerala High Court had previously annulled the state government’s initial notification and related reports for land acquisition. The High Court’s single bench had specifically invalidated the government’s preliminary notification to acquire 2570 acres, encompassing Cheruvally Estate and its surrounding areas in Erumeli Manimala village. The court had critically questioned the justification for acquiring such an expansive parcel of land, noting that even airports designed for large aircraft typically require only about 1,200 acres.

This marks the second instance where the High Court has revoked a land acquisition notification issued by the government for the airport initiative. The previous notification aimed to acquire 2570 acres, which included the 2263-acre Cheruvally Estate located in Erumeli South and Manimala villages. The court emphasized that, under the 2013 Land Acquisition Act, land acquisition for any project must be restricted to the absolute minimum necessary. It further highlighted that neither the Social Impact Assessment (SIA) nor the expert committee could provide a convincing rationale for the requirement of such a vast area.

Consequently, the court partially set aside the Social Impact Assessment report, the expert committee report, and the government order that preceded the land acquisition notification. The court also expressed strong disapproval of the government’s order regarding the minimum land requirement, criticizing it for being less comprehensive than the SIA report due to its omission of this critical condition. The court underscored that the primary flaws lay in the procedural steps adopted for project implementation, rather than in the decision to undertake the project itself.

The court further observed that the government failed to adequately explain the necessity of 2570 acres for the Sabarimala project, especially when established airports like Cochin operate on 1300 acres and Thiruvananthapuram on a mere 700 acres. While the government contended that the extensive land acquisition was earmarked for future developmental activities, it was unable to furnish precise plans or clear calculations detailing the required space. In light of these unresolved issues, the court has mandated a fresh Social Impact Assessment to accurately determine the minimum land area indispensable for the airport. This directive was issued in response to a petition filed by the Ayana Charitable Trust, the recognized owners of Cheruvally Estate.