BAMANDAS Vs. STATE

JUDGEMENT

(1.) This application has been filed by the Respondents Nos. 1, 2 and 3 being the State of West Bengal, First Land Acquisition Collector and Superintendent, Calcutta, Acquisition Collector's Office for vacating the interim order passed by A.K. Janah J. on 31st Oct. 1983. The writ petitioner challenged the purported acquisition of land at the premises Nos. 24B, 25B, Ram Kanta Bose Street, Calcutta, under the Land Acquisition Act, 1894. The purported acquisition was, inter alia, of domestic and residential buildings for the purpose of expansion of a Girls" College, namely Maharani Kashiswari College at Calcutta A. K. Janah J. passed the interim order restraining the respondents from giving any effect to or further effect to the impugned notification and from proceeding with the acquisition of the premises until alternative accommodation is provided to the writ petitioner.

(2.) The case of the writ petitioner is that the land comprising of premises Nos. 24B, 25A and 25B, Ram Kanta Bose Street, Calcutta, are residential buildings with residential rooms of smaller sizes. The said buildings if acquired have to be demolished before any expansion for the college can be made. There are other adjacent lands which could have been acquired for the alleged public purpose. The writ petitioner has been staying in one of the said residential premises for the last 40 years. Maharaja Manindra Chandra College is in the main building situated at premises No. 20, Ram Kanta Bose Street, Calcutta and in the morning shift the Girls" College named as Maharani Kashiswari College is run from the said main building from 6.30 a.m. to 10.30 a.m. when the entire college building is at the disposal of the girls" section.

(3.) The petitioner who resides with his family at premises No. 25A, Ram Kanta Bose Street, Calcutta as a tenant of the said premises has alleged that the acquisition is not for any public purpose and unless an alternative accommodation is provided to him he cannot be evicted from the premises in question.