SISTER SUPERIOR Vs. STATE OF KERALA

JUDGEMENT

(1.) OP 12801 of 2000 is filed by Rev. Sr. Superior of St. Teresa's Convent, Koonammavu, who is also the local manager of St. Joseph's Schools run by the convent. WP (C) No. 8400 of 2006 is filed by the Principal, Chavara Special School for Mentally Retarded, Koonammavu under the management of Sisters of Modonna Convent. The St. Terasa's Convent and Sisters of Modonna Convent are both Convents affiliated to the Vimala Province of C.M.C. (Congregation of the Mother of Carmel) which is a prominent congregation of Catholic Nuns. The respondents in WP (C) No. 8400 of 2006 are the Union of India represented by Secretary to Government, Ministry of Surface Transport, New Delhi, the District Collector, Ernakulam, the Executive Engineer, National Highway, Trichur and the Tahsildar, Parur. In OP No. 12801/2000, the State of Kerala represented by the Secretary to Government, Public Works Department, the District Collector, Ernakulam, and the Superintending Engineer, National Highway, N.H. 17 are respectively the respondents. Special Tahsildar (LA), N.H. No. III, Vyttila was impleaded as additional respondent No. 4. These writ petitions raise identical grounds and hence they are being considered together.

(2.) The petitioners are aggrieved by the proceedings initiated for acquisition of the properties of the St. Joseph's High School and the Chavara Special School for the purpose of widening of / formation of National Highway 17 from Edappally to Moothakunnam. It is averred in OP No. 12801 of 2000 that the St. Terasa's Convent runs several prestigious educational institutions including the St. Joseph's Schools and the Chavara Special School for mentally retarded children and a total number of 4000 students are studying in these institutions. The St. Joseph's High School is functioning in a double storied building and another building situated close to that building. A row of bathrooms have been constructed for convenience of the students and the water tank is located near to the bathrooms. Referring to the provisions of the Kerala Education Act and Rules it is submitted that every school is to have a prescribed mandatory area and since various educational institutional institutions are functioning in the very same compound the area of each educational institution is to be earmarked separately. The educational institutions are functioning for public welfare and interest, and acquisition of school property will result in reduction in the mandatory minimum area required for the schools. The accomplishment of one public purpose, i.e., road widening should not be at the cost of another public purpose, that is the continued running of educational institutions and it is accordingly contended that property of the educational institutions cannot be acquired for accomplishing the purpose of National Highway widening. It is claimed that in the Land Acquisition Manual there are specific directions to the effect that properties of public institutions are to be excluded from land acquisition. It is further averred in OP No. 12801/2000 that as per the original alignment proposed a width of less than 50 metres alone from the margin of the existing road would have been acquired, in which case only the compound wall of the St. Joseph's School would have been affected. It is alleged that for the purpose of saving some private persons' property from acquisition the original alignment has been deviated and a new alignment has now been fixed. As per the new alignment portion of the High School building, basement of the Lower Primary School, statue of the blessed Chavara Achan installed in front of the special school will have to be acquired. Portions of the school building will have to be demolished and the statue of Chavara Achan and the row of bathrooms constructed for the students will have to be demolished completely. It is alleged that extensive areas of land belonging to the convent will also have to be acquired if the revised alignment is being implemented. Photographs Exts. P1 to P8 are relied on in this context. It is pointed out in this context that as per the original proposal it would have been necessary to acquire only 15 metres width of land from the convent property lying adjacent to the existing Paravoor - Varapuzha Road. But as per the present proposal the existing Paravoor - Varapuzha Road and a strip of another property having width of 7 metres lying adjacent to the existing road will be left out from acquisition. The result of the formation of the highway as per the present alignment is that the educational institutions and the convent will come to be located very close of the highway thereby the serenity which the convent and the educational institutions presently enjoy will be lost for ever. As instituted originally the reliefs sought for in WP (C) No. 12801/2000 were the following:

(3.) Later the above writ petition was got amended and as per the amendment the following additional relief also has been incorporated. To issue a writ of mandamus declaring that the entire acquisition proceedings initiated against the school property which is a minority institution is arbitrary, unjust, illegal and offence the constitutional right guaranteed under Art.30(1A) of the Constitution of India and also to declare that the State Government does not have the competence to acquire the property of the school under the Land Acquisition Act.