The acquisition of residential buildings for the expansion of a college does not constitute a public purpose sufficient to justify the eviction of the petitioner without providing alternative accommodation.

( 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.

( 4 ) IT has been submitted on behalf of the respondent for vacating the interim order that P. C. Borroah J. vacated the interim order and dismissed the writ application filed by another tenant of one of the other premises. Since in the said writ petition of the said tenant self-same grounds were urged and since the said

application was dismissed, this application is also liable to be dismissed, there being no fresh or additional ground. He has further submitted that excepting the premises now being occupied by the petitioner, other two premises have since been vacated but in view of the interim order obtained by the petitioner the authorities cannot proceed even in respect of other two premises. Mr. P. K. Chatterjee, learned Advocate appearing for the applicant for vacating the interim order submits that on the facts and circumstances of the case the interim order should be vacated and the writ application be dismissed. He has further submitted that hardship or inconvenience of the writ petitioner by reason of the impugned acquisition proceeding is of no consequence and question of any discrimination under Art. 14 of the Constitution in such a case does not and cannot arise.

( 5 ) ON the other hand Mr. Pradip Ghosh, learned advocate appearing for the writ petitioner has contended that the respondents cannot throw the petitioner in the streets on the ground of acquisition for alleged public purpose for the expansion of the college. The interim order has not prevented the respondents from acquiring the property but they shall do so after providing an alternative accommodation to the petitioner. He has also drawn my attention to the affidavit filed by the Principal of the college. In para. 6 of the said affidavit the Principal has, inter alia, stated as follows: "i state that the owners of the premises in question were offering their said properties for sale. Finding that it would be difficult to compete w