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LATEST NEWS UPDATES | Singur warriors head for SC

Singur warriors head for SC

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published Published on Jun 28, 2011   modified Modified on Jun 28, 2011

-The Telegraph

 

Tata Motors refused stay by Calcutta High Court, government takes Delhi precaution

Tata Motors said tonight the company would move the Supreme Court after failing to obtain a stay order against land distribution in Singur from Calcutta High Court after two attempts.

“As per the country’s legal procedures, the company will agitate the matter before the Supreme Court,” it said.

The statement came at the end of a day during which the company’s counsel, Samaraditya Pal, sought an interim injunction from the high court twice without success against the Bengal government’s attempt to distribute land in Singur.

It said: “The company believes that as per conventions established in the country when a matter is being heard at a court of law, the parties concerned, more so when the party is the state, should not alter the existing state of facts in the matter, and the undue haste being shown by the government is not conducive to upholding the rule of law.”

Yesterday, the government started distributing forms to farmers who had refused the compensation offered by the previous government that had acquired their land for Tata Motors’ aborted Nano factory.

If the statement put an end to speculation raging through the day about a Supreme Court move, in anticipation the government filed a caveat there in the afternoon so that a petition was not heard ex parte — without its presence.

The Supreme Court is now on vacation and will open on July 4. But there is a possibility of the vacation bench hearing the Tatas if they can establish urgency.

After the company’s appeal for a “workable solution”, allowing for status quo on the Singur land, fell on deaf ears over the weekend, the Tata counsel today prayed for an interim order from the bench of Justice Saumitra Pal.

He said if the court could not issue a stay, the rejection of its appeal should be made known, evidently so a swift move could be made at a division bench.

Once the company’s fresh petition demanding an ex parte hearing and injunction was turned down, it knocked on the door of the division bench of Justice Pratap Kumar Roy and Justice M.A. Ghani.

But the division bench, too, refused its prayer for oral submission and an ex parte order, saying the company had to file a written petition and notice must be served on the advocate-general, Anindya Mitra.

Samaraditya Pal took leave of the bench and rushed out of the court premises. Nor were his associate Siddhartha Mitra and solicitor Abhijit Deb seen in the courtroom after that.

The manner in which the Tata team went about its business added fuel to the speculation that it wanted to wrap things up in Calcutta so as to be able to go to the Supreme Court without delay.

The Tata Motors statement said the company had reiterated in the high court that “the government should not proceed with any action… in view of the ongoing hearing on the company’s petition on the Singur Land Rehabilitation & Development Act 2011”.

Its counsel had argued before the single bench that his original petition would be infructuous if the court refused to pass an interim order restraining the state from distributing land.

He pointed out that the committee formed under the rules of gazette notification of the Singur act had started the process of distribution of forms among farmers. He argued that the committee could start returning the land as early as tomorrow.

“This is an ultimate situation today,” Pal told the court, but failed to persuade the judge to issue a stay.

In the statement, Tata Motors reiterated that having “failed to ensure a safe and congenial environment… the state government cannot charge the company with non-commissioning and abandonment and take away its rights.”


The Telegraph, 28 June, 2011, http://www.telegraphindia.com/1110628/jsp/frontpage/story_14169669.jsp


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