(1.) BY judgment appealed against, Ajit kumar Sengupta,. J. has disposed of an application under Article 226 of the Constitution of India filled by the writ petitioner respondent no. 1, Bamandas Mukherjee by directing the respondents of the said application to proceed with the acquisition under the Land Acquisition act, 1894 (Act I of 1894) of Premises No. 25a, Ram Kanto Bose Street, calcutta only after complying with the directions contained in his. judgment as regards providing alternative accommodation to the writ petitioner who was a tenant of the said premises No. 25a, Ram Kanto bose Street, Calcutta.
(2.) IN those, two appeals preferred respectively by the State of west Bengal and the Principal, Maharani Kashiswari College for Girls', at whose instance the acquisition proceeding had been started, the principal point is whether in exercise of its writ, jurisdiction this court can issue a mandate directing the State Government to provide alternative accommodation to an occupant of a premises before acquiring the same under the Land Acquisition Act, 1894.
(3.) THERE is no provision in the Land Acquisition Act, 1894 for giving such alternative accommodation to person or persons who are to vacate' possession of a property acquired under the said Act. According to the scheme of the said Act, whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose, a notification under section 4 (1)of the said Act shall be published in the Official Gazette and the collector shall cause public notice of the substance of such notification to be given at convenient places. Any person interested in any land which has been notified under section 4 (1) may within the prescribed time object to the acquisition. The sub-section (2) of section 5a of the Act provides for disposal of such objections if any. When the appropriate Government is satisfied after considering the report, if any, under section 5a (2), a declaration under section 6 of the Act shall be made and published in the Official Gazette. Under sub-section (3) of section 6 of the Act tine said declaration shall be conclusive evidence that the land is needed for a public purpose or a company, as the case may be, and after making such declaration the appropriate government may acquire the land in manner appearing in the Land acquisition Act. Section 9 provides for notices by the Collector of his intention to take possession of Sand and that claims to compensation for all interests may be made to him. The Collector under section 11 of the said Act has to make enquiry into measurements, value and claim and to make his award for payment of compensation and if necessary to apportion the same among all persons interested in the land whose claims he has information. Such award under sub-section (l) of section 12' shall be filed in the Collector's office and under sub-section (2) of section 12 of the said Act, notice of the same shall given to the persons interested who were not present when the award was made. When the Collector has made his award under section 11 he may under section 16 of the Act take possession of the land which shad thereunder vest absolutely in the government free from encumbrance. Part-III of the Land Acquisition Act deals with reference to court and procedure thereon.