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A bench comprising judges H L Dattu and Dipak Misra said: “The land was acquired for establishing a car manufacturing plant at Singur. Now, the purpose is no more there, as you have already moved out. Now, you cannot say you still have interests in the land in question.”
The court said the “land should move back to the agriculturists and we may ask the West Bengal government to file an affidavit on the issue of giving the money back to you which you had paid at the time of land acquisition. In the interest of justice, we think it will serve the purpose”. The state government’s counsel is believed to have told the court the state was ready to compensate Tata Motors.
Tata Motors said in a statement: “The Supreme Court is exploring a holistic solution to the issue. The apex court has asked us to consider alternative use of the Singur industrial land that is with us. We will certainly explore the possible options and inform the court on the next hearing. The apex court has mentioned that compensation will be paid if we can’t use the land and return it; and, the counsel for the state has agreed to the same. We will certainly consider this option, too.” The bench also said the court had the power to say the purpose of this lease had got frustrated. It asked the automobile major to file an affidavit making its stand clear on its rights over the land in the changed scenario, though the court would hear the arguments over the constitutionality of Act.
The court was hearing a special leave petition (SLP) filed by the West Bengal government, challenging the quashing of the Singur Land Rehabilitation & Development Act by the Calcutta High Court.
The next hearing for the case has been fixed for August 13. However, the comments couldn’t have come at a better time, given that panchayat polls in Singur are slated for next week. The Trinamool Congress is already claiming victory. Industry Minister Partha Chatterjee said: “This vindicates our stand. It is a victory for the people of Singur. There is a provision in the Singur Act for compensation, which is to be decided by the magistrate. We will wait for Tatas’ response.”
The division bench of the Calcutta High Court had, however, observed the issue of compensation was “vague and uncertain” in the Act. The state government had moved the apex court against the high court order, which had struck down the Singur Act that allowed it to reclaim the entire 997 acres allotted to Tata Motors and its vendors.
The Division Bench of the Calcutta High Court had set aside the single-judge order, saying the Singur Act was related to land acquisition but was in conflict with the Land Acquisition Act, 1894. The President’s assent had not been taken for the legislation, either.
Returning land to the unwilling farmers of Singur was Mamata Banerjee’s pre-electoral pledge and hours after assuming the role of Chief Minister, Banerjee had announced that the Cabinet had decided to return 400 acres to the farmers. Subsequently, after a flip-flop over an ordinance for the return of land, the Singur Act was passed in the legislative assembly by the state government, within a month of its formation.
INS & OUTS
2011
- Jun 15: West Bengal Assembly passes the Singur Land Rehabilitation & Development Bill, enabling the state to seize the 997-acre plot in Singur leased to Tata Motors
- Jun 22: Tata Motors moves the Calcutta HC, challenging the legislation
- Sep 28: A single bench of the high court upholds the Act
- Oct 29: Tata Motors challenges the HC order
- Jun 22: A divison bench of the HC strikes down the legislation
- Aug 6: The state govt moves SC, challenging the Calcutta HC order
- Aug 24: SC seeks Tata Motors’ response on an SLP filed by the state govt challenging the rejection of the Act. An SC bench says the HC’s interim order will continue
- Jul 10: SC asks Tata Motors to consider returning the land
