In a boost to West Bengal Chief Minister Mamata Banerjee, the Calcutta High Court today 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 bypoll.
Justice IP 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.
Today'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.
