LAWS(KER)-2015-7-215

ANITHA S. Vs. STATE OF KERALA AND ORS.

Decided On July 07, 2015
Anitha S. Appellant
V/S
STATE OF KERALA And ORS. Respondents

JUDGEMENT

(1.) The petitioner claims to be an environmental educator. The Writ Petition has been filed by the petitioner challenging an order of the State Government by which the State Government has granted permission for leasing out 2 acres of land to the Thiruvananthapuram Development Authority (hereinafter referred to as 'TRIDA') for construction of a bus - bay and shopping complex out of 5.5. acre land of the Government Central High School, Attakkulangara, Thiruvananthapuram. Brief facts of the case and pleadings are:

(2.) Learned counsel for the petitioner Sri. P. B. Sahasranaman, challenging the decision of the State Government, submitted that the decision of the State Government transferring the 2 acres of land to TRIDA is illegal. It is submitted that S.5B of the Kerala Education Act, 1958 (hereinafter referred to as 'the Act') contains the restriction on alienation of property of Government Schools. In view of the statutory prohibition contained in S.5B of the Act, the State Government could not have transferred 2 acres of land of the Government school. It is further submitted that construction of bus - bay and commercial complex shall necessitate cutting of large number of trees from the school compound, which shall affect the environment. It is submitted that in the compound of the school, no commercial building can be directed to be constructed by the State Government.

(3.) A counter - affidavit has been filed by the State of Kerala stating that the Government accorded sanction for transfer of 2 acres of land out of 5.5 acres of land in possession of the school for construction of bus - bay, mobility hub and commercial complex. It has been stated that the TRIDA has stated that they need to cut less than 10 trees only for the new construction and that the institution can be directed to plant three times the number of trees that is to be cut. The total strength of the students in the school during the year 2014-15 was only 55. The TRIDA shall build Ten class rooms for the school considering the development proposed. The land is given on lease for the development purpose of Government for thwarting traffic congestion now felt in the nearby area due to old and unplanned bus stops / autorikshaw parking and shops situated in an unscientific manner. The shopping mall proposed by TRIDA is intended to rehabilitate such shops.