Singur Act constitutional, valid: HC

Kolkata, Sep 28 (PTI) In a boost to eastern Indian state
West Bengal Chief Minister Mamata Banerjee, the Calcutta High
Court Wednesday upheld a law enacted by her government to take
back land given by the previous Left Front regime to Tata
Motors to build Nano cars.
The High Court held as constitutional and valid the
Singur Land Rehabilitation and Development Act, 2011, on a day
when Banerjee won the Bhowanipore Assembly by-poll.
Justice I P Mukerji, in his 51-page order, held that the
Act was constitutional and valid and so was any action taken
thereunder by the state government.
Disposing of the petition by Tata Motors, the High Court
held that sufficient public purpose for making such
acquisition has been made out in the Act.
In its brief reaction, Tata Motors said in a statement
that it would study the judgement before deciding its next
course of action.
An euphoric Banerjee described the court verdict as
"historic", saying, "Agitation of the farmers in Singur has
not only shown the path to other parts of India, but also to
the whole world.
"I am grateful to the court, I have the highest respect
for the judiciary," she said.
Banerjee said, "We will decide on the modalities of
giving back the land to the farmers after November 2 when the
stay given by the court on operation of the order expires."
The court ordered an unconditional stay of the judgement
till November 2 to allow any aggrieved party to file an
appeal.
The court held that compensation was to be awarded to the
Tata Motors by applying the principles for award of
compensation enshrined in Sections 23 and 24 of the Land
Acquisition Act, 1894, as applicable.
The court also observed that the application has to be
determined by award of compensation by the District Judge,
Hooghly, within six months of making such application by the
Tatas.
The court said that if the government admits any
compensation in its reply to the application to be filed by
the Tatas, the government should pay it immediately.
"Justice Mukerji appointed the District Magistrate and
the Superintendent of Police, Hooghly as joint special
officers to ensure safe and smooth transition of the land
from the Tatas to the state so that the Tatas are allowed to
remove their items, if any, that remain on the land within a
period of two months from this date, including the period of
stay of this order.
While Tata Motors had been allotted around 645 acres at
Singur for the Nano plant, 290 acres were earmarked for
vendors who were to supply components for the plant.
Separate applications by some of the 55 vendors who had
been allotted land at the adjacent ancillary park are,
however, pending before the High Court.
Wednesday's verdict was a shot in the arm for Banerjee who
had launched a sustained agitation against forcible land
acquisition in Singur and Nandigram which helped her dislodge
the 34-year-old Left Front from power.