Calcutta High Court today held as unconstitutional Singur Land Rehabilitation and Development Act, 2011, under which the state had taken over the land leased to Tata Motors.
Giving its verdict on an appeal by Tata Motors Ltd, a division bench comprising Justices Pinaki Chandra Ghosh and Mrinal Kanti Chaudhury observed that the President's assent had not been taken for the Act and as such it was void and unconstitutional.
The implementation of the order was, however, stayed for two months by the division bench to allow the aggrieved party to appeal before a higher court.
The division bench set aside the order of Justice I P Mukerji who had held the Act to be constitutional earlier.
It observed that the single bench had no jurisdiction to fill up loopholes left by the legislature.The court also observed that what was done in Singur was acquisition of land by the said Act and as such it was void.
Tata Motors had challenged the order of the single bench of the Calcutta High Court, which had upheld the Singur Land Rehabilitation and Development Act, 2011.
Our Kolkata Correspondent reports that after coming into power the Trinamool led government in West Bengal passed the Singur Land Rehabilitation and Development Act in 2011 to return land to the farmers acquired by the previous Left Front government for Tata Groups Nano Car plant from unwilling.
After the court verdict the State Commerce and Industry Minister, Mr. Partho Chatterjee said that the government will stand by the farmers to protect their interest. Mr. Chatterjee said that the government will take necessary legal steps to deal with the situation.