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Singur case: West Bengal to begin arguments today by Ananya Dutta


On petition filed by Tata Motors challenging the Constitutional validity of the Singur law

The West Bengal government will commence its arguments on the petition filed by Tata Motors challenging the Constitutional validity of the Singur Land Rehabilitation and Development Act 2011 before the Calcutta High Court on Wednesday.

West Bengal's Advocate General Anindya Mitra will begin his submissions before Justice I. P. Mukerji followed by other counsel on the government's panel.

Apart from presenting the State's point of view, the panel is also expected to address queries raised by Justice Mukerji, including whether provisions of the Land Acquisition Act, 1894 can be read into the Act and why the government took possession of the land “within a matter of hours” after Industries Minister Partha Chatterjee had announced that it had come into effect.

Samaraditya Pal, counsel for Tata Motors, said here on Tuesday that the Act was legislated for “nothing else but acquisition” as was evident in its provisions regarding vesting the land with the State, restoring possession and compensation.

‘No Presidential nod'

Mr. Pal emphasised that the Act was void because it dealt with acquisition, a matter that appears in the concurrent list of the Constitution and its provisions were repugnant to the Land Acquisition Act, 1894. The assent from the President, which is required when a State law contravenes a Central law on a matter that appears in the concurrent list, had not been obtained.

Mr. Samaraditya Pal had begun his submissions before Justice Mukerji on July 28 after Justice Soumitra Pal, who had heard the case till then, recused himself. Over the past three weeks, he has challenged both the Constitutional validity of the Act as well as the actions taken by the government even if the Act was considered valid.

Mr. Samaraditya Pal has argued that the Singur Land Rehabilitation and Development Act 2011 was not legislated for a “public purpose” – a prerequisite for acquisition. He claimed that the Act, which empowered the government to take over the land of the now relocated Tata Nano small car factory in Singur to return a portion of it to “unwilling farmers,” benefited certain individuals – “those persons who had supported the party [the Trinamool Congress] in the elections.”

‘Arbitrary concept'

He had also argued that the distinction made between willing and unwilling farmers in the Act was based on an “absurd and arbitrary concept,” which was not recognised and was in fact in violation of the Land Acquisition Act, 1894.

He also emphasised that the Singur Land Rehabilitation and Development Act 2011 did not specify the amount of compensation or the principles under which the compensation is to be determined.

Providing a detailed account of the developments of June 21, 22 and 23, he said the government had acted in “undue haste” in taking “wrongful and forcible possession” of the land at Singur.