Mamata Banerjee

Calcutta, Sept. 28: Calcutta High Court today upheld the Singur Land Rehabilitation and Development Act, 2011, as “constitutional” and “valid” and disposed of the petition moved by Tata Motors challenging the new act.

However, Justice I.P. Mukerji said he was staying the operation of his judgment till November 2, because of the one-month Puja vacation of the court, in order to give either of the parties a chance to “test my judgement” and appeal before a higher bench of the court.

The Tata Motors said it would study the order before deciding its next action. “Tata Motors has learnt of Calcutta High Court ruling on the Singur land Rehabilitation and Development Act, 2011. The company will study the judgment and decide its next course of action,” it said in a statement.

Justice I.P. Mukerji, in his 51-page judgment, also observed that sufficient public purpose was being served in taking back the land leased to Tata Motors under this new Act.

The judge observed that he was accepting the government’s argument in the “absence of desired socio-economic development in the area” the land was being given back to the unwilling farmers who did not accept compensation. “(This) discloses public purpose in my opinion,” the judge observed.

The judge accepted the argument of the state government that the land belonged to the state and that the Tatas were only lessees and that it was using the new act merely to make the property “free” and take back its own land.

The state government had argued before the court that acquisition meant taking private property which was not the case here and therefore did not clash with the central land acquisition act.

Regarding compensation, the judge said that the “the intention expressed (in the new Act) is vague and uncertain”. However, he said that since the act said that compensation would be paid, he would hold that it would be paid in accordance with the provisions of the Land Acquisition Act, 1894.