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Blow to Mamata as HC strikes down Singur land Act
Subhrangshu Gupta/TNS

Kolkata, June 22
In a huge setback for West Bengal Chief Minister Mamata Banerjee, the Calcutta High Court on Friday struck down the Singur Land Rehabilitation and Development Act- 2011 as “unconstitutional.”

The legislation was introduced by the Mamata government to recover 400 acres of land leased to Tata Motors in Singur for its small car project.

Unconstitutional, rules court

Mamata Banerjee* The Singur Land Rehabilitation and Development Act was passed by the Mamata government to recover 400 acres of land leased to Tata Motors for the Nano car project

* A Division Bench comprising Justices Pinaki Chandra Ghosh and Mrinal Kanti Chaudhury, on an appeal by Tata Motors, observed that the Act was in violation of Article 254 of the Constitution

* The Bench, however, allowed the aggrieved party two months time to file an appeal in the Supreme Court against the verdict

A Division Bench comprising Justices Pinaki Chandra Ghosh and Mrinal Kanti Chaudhury, on an appeal by Tata Motors Ltd, observed that the SLRD Act, passed in the state Assembly on June 14, 2011, was in violation of Article 254 of the Constitution. President's assent had not been taken for the Act and as such it was void and unconstitutional, said the court.

The bench, however, allowed the aggrieved party two months time to file an appeal in the Supreme Court against the verdict.

Tata Motor’s counsel Samaraditya Pal (Bachu) expressed satisfaction over the judgment. Government counsel Kalyan Banerjee, who is also a TMC MP, said the state would be filing an appeal in the apex court.

Visibly disappointed Mamata did not make any comment on the judgment. "I have no comments to offer on Singur verdict,” Mamata wrote on her Facebook page.

But she reiterated her decision of returning 400 acres of land to farmers. The government was also planning some short-term rehabilitation packages for farmers. "Throughout my life, I have struggled for the cause of farmers, working class, poor and underprivileged. Our commitment to be with them will remain, whether we are in power or not. I will continue to fight for this cause," Banerjee wrote.

Around 1,000 acres were taken over by the previous CPM government on May 19, 2006 for Tata’s Nano car project. Soon afterwards, the agitation began by the aggrieved farmers, who were unhappy over the compensation for their land. The Trinamool Congress chief had promised to return their land to them. It was also part of her campaign ahead of the Assembly elections, which she won with a thumping majority.

After her victory in May 2011, Mamata decided to return the land to farmers. Accordingly, the SLRD Act was passed and 1,000 acres were taken over by the new government.

Leader of the Opposition and CPM leader Surya Kanta Mishra said the HC verdict had vindicated the party's stand. "We have been saying that the Bill was unconstitutional and we had offered to give several suggestions to the government on how to go about it," he said. (With PTI inputs)

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