SULAIMAN M.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a peculiar case where the State has adopted an ingenious method to acquire the land owned by the appellants by invoking the Land Acquisition Act, 1894 (hereinafter referred to as " the 1894 Act").

(2.) The State projected a need to widen the access to the bridge by acquiring the land belonging to a school claimed to be run by a linguistic minority. The institution in question is Sree Venkateswara English Medium School, Thripunithura, managed by Thulu Brahmana Yogam, a linguistic minority community in Kerala. The notification issued by the State, dtd. 9/6/2006, was challenged before this Court by the school authority in W.P.(C). No. 18503 of 2006. The challenge primarily centred on Article 30(1A) of the Constitution of India.

(3.) Clause 1(A) of Article 30 of the Constitution of India reads as follows: