Upholding the Singur Land Rehabilitation and Development Act 2011as constitutional and valid, the Calcutta High Court in its judgment today pointed out that the provision of compensation laid in the act was vague and uncertain. The High Court stayed the operation of the Singur Act till November 2 which prohibits the state to distribute the land among the unwilling farmers now.
Delivering the final verdict on the Singur Land Development Act, Justice I P Mukherjee said that the compensation is to be awarded by applying the principle of compensation mentioned in the section 23 and 24 of the Land Acquisition Act 1894, the central act. The High Court pointed out '' Although, there is an intention expressed by the legislature to pay compensation, the intention expressed is vague and uncertain''. Therefore section 23 and 24 of the Land Acquisition Act which are deemed to be incorporated in the Sigur act for deciding compensation, said in the verdict.
Justice Mukherjee said that the Tata Motors would have to apply to District Judge, Hoogly for getting the compensation. The High Court also directed that the payment of compensation would be decided by the District Judge within six months. The High Court also said '' If the government admits any compensation in its rejoinder to the application to be filed by the Tatas, the government should pay it immediately'' said High Court.
The state government took over the possession of the land at Singur on June 21 evening applying the Singur Act, passed in the state assembly on June 14 . Following that the Tata Motors moved to the Calcutta High Court challenging the validity of the act. The Tata Motors conusel argueed that the provision of compensation in the act was not clear and land was taken over by the police not in legal manner.
Regarding the manner in which possession of land was taken, the High Court observed that the district officials exceeded their powers without any notice to the Tata Motors and acting so hastly. The High Court today appointed District Magistrate and Superintendent of Police, jointly as special officer to ensure safe and smooth transition of the Land from the Tatas to the state.
The High Court also directed that the Tata Motors would be allowed to remove their material from the site if any with in two months.
The Calcutta High Court today put a seal on the the public purpose, the main objective of the act. According to the act, it was introduced to distribute the land among the unwilling farmers who did not receive the any compensation. The High Court also accepted the plea of the state government that the Tata Motors abandoned the Signur site and the land remained unutilised for nearly three years. The High Court today observed that said that the act can not be called arbitrary legislation which was targeted at a particular person or corporate body to victimise it.
It was the contention of the state counsels that the act was introduced under the provision of the state list. But the Tata Motors counsel argued that the Singur act interferred with central act Land Acquisition Act, 1894 on the ground the new act should be struck down by the court.
Today Justice Mukherjee said that the act was not wholly an exercise of power of the state legislature under state list, but also an exercise of its power under concurrent list also. But the High Court also said that sufficient public purpose is made out in the act.
Explaining to put the stay, Justice Mukherjee said that any aggrieved party should be given chance to move an appeal to the higher forum.
1. September 26-- Mamata Banerjee staged a Dharna at BDO office Singur in protest against the acquisition of land in the third week of September,2006.
2. October 4- 2006 Land at Singur was handed over to the Tata Motors.
3. February 23,2007--Calcutta High Court wanted to get details on the acquisition of Singur land .
4. January 18,2008- Calcutta High Court upheld land acquisition at Singur.
5. October 3,2008-- The Tata Motor announced to withdraw the project.
6. June 14, 2011-- The Singur Land Rehabilitation and Development Act was passed in the assembly.
7. June 21, 2011-- The state government took over the possesion of the land at Singur from Tata Motors.
8. June 22, 2011---Tata Motors moved to the Calcutta High Court challenging Singur Act.
9. September 28,2011--The Calcutta High Court held Singur Act constitutional and valid.
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