A protracted legal battle looms on the Singur issue with Tata Motors on Wednesday moving the Calcutta High Court challenging the Singur Land Rehabilitation and Development Act, 2011. After hearing Tata Motors? counsel Samaraditya Pal from noon to 4 pm, the court did not issue any interim order but deferred hearing till Thursday.
Although no order was passed, Justice Soumitra Pal enquired about the safety of the area in and around the plant site. Advocate general of West Bengal Anindya Mitra, who will also argue on behalf of the government on Thursday, assured that adequate personnel have been deployed to ensure law and order in the area.
In the petition submitted with Justice Pal, Tata Motors has asked the court to restore status quo ante at the Singur project site.
Samaraditya Pal met High Court Chief Justice JN Patel late on Tuesday night to seek permission for moving the unlisted item the next morning. Once the matter was moved ex-parte in the morning, Justice Pal asked the Tata Motors counsel to serve notice at the advocate general’s office.
During the several hours-long argument barrister Pal began by saying that the earlier government had proposed the project to Tata Motors and persuaded it to invest in the state in 2006. The land was given to Tata Motors on a 90-year lease and that the company has been renewing the lease on a yearly basis.
Negating the state government’s allegation of ‘non-performance’ of Tata Motors to repossess the land, barrister Pal said, ?We have been victim of the situation. We came to the state upon the state government’s invitation in 2006. But we became victims of lawlessness.? He argued that Tata Motors could not continue with their plan as lives of their employees were in danger. Putting the onus on the state government, barrister Pal said that maintaining law and order is the responsibility of the state and Tata Motors was forced to leave as the government failed in doing that. In New Delhi, Plan panel member Arun Maira questioned the group’s approach, saying corporates should be careful in what sort of land is acquired and how it is converted for industrial purposes.
?There is a question about what sort of land (and) by what process you are going to convert that land for industrial use,? Maira told reporters at a Ficci function referring to the problems faced by Tata Motors at Singur, reported agencies. The Planning Commission member said the blame for Tata Motors moving out of West Bengal should not be entirely put on either the state government or the Centre. ?Jindals have put up things there, they said they didn’t have any problem in getting the land there… if Jindals can find enough (land) to build up the steel plant in West Bengal so why could Tatas not find enough land to put up a car factory?? he added.
Maira also said a common ground was required so that industrialisation can happen while keeping the interest of farmers intact, as pointed out by West Bengal chief minister Mamata Banerjee. At Singur, late on Tuesday evening, the state government, in a notice hung at the Nano project site, asked Tata Motors to restore vacant possession of the land in favour of the district magistrate, Hooghly.
? Please note that in case of failure to deliver vacant possession as aforesaid, necessary action will be taken in accordance with provisions of the said Act,? the notice said.
Pleading ignorance of the notification put up by the district administration, barrister Pal argued that the notification should have been made public. In the petition, Tata Motors has asked the court to declare the Act and all consequences following the Act ?as unconstitutional, illegal, bad in law and void?. It has also asked the court to restrain the state government from enacting the Act.
?Even if it is lying unutilised for three years, is it because of our fault?…We are praying for an order so that possession should be restored to us. Something wrong has been done as force cannot be used to vacate the land,? barrister Pal said. He has also pleaded to the court to freeze all government activity at the site.
Terming the act as ‘ultra vires’, he said although the state government said that the Act has been notified in the gazette, it is yet to appear in the public domain. In all, 54 vendors for the Tata Motors’ Nano car project also moved Calcutta High Court on Wednesday and will be represented by consul Mausumi Bhattacharya. Meanwhile, former mayor of Kolkata Corporation Bikash Bhattacharjee has also pleaded to represent the ?erstwhile landowners? and become a party to the case.