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Wednesday, June 22, 2011

Mamata adamant as Tatas say land constitutional right Published on Wed, Jun 22, 2011 at 18:25 | Source : CNBC-TV18

Mamata adamant as Tatas say land constitutional right

Published on Wed, Jun 22, 2011 at 18:25 |  Source : CNBC-TV18

Updated at Wed, Jun 22, 2011 at 19:47  


The battle for Singur has now moved to court. Tata Motors today challenged the recently introduced Singur Land Rehabilitation and Development Act in the Calcutta High Court, saying status quo should be maintained and the court should be the custodian of the Singur land.

Despite an adamant West Bengal Chief Minister Mamata Banerjee, Tatas have swayed the case on the strategic argument that it is a constitutional right to acquire land for a public purpose without any consent, reports CNBC-TV18's Amrita Panja.

Banerjee, however, remains inflexible, saying the new state government will keep its promise and return the land to the farmers. In reaction the move by Tatas, Banerjee said, "It is their prerogative, however, the government passed the bill and the Singur land will be handed over to unwilling farmers."

Tatas moves HC against Mamata's Singur Bill

The controversial land is under the possession of the West Bengal government. However, Tata Motors' lawyer Samaraditya Pal said that the government set up the criteria for adoption of policy which is contrary to what is provided in the constitution.

The argument that has been placed by Tata Motors saying how they were compelled to leave the premises, had to shift their project out from Singur because of the agitation that had followed, it was unsafe for their employees, and that they were much ahead of time in terms of the project completion but they were compelled due to agitation by a party, which is now in power and are trying to revoke the lease between WBIDC and Tata Motors.

Meanwhile the Singur Land Bill has found support from within the highly influential planning commission. Arun Maira defended the act and said that if other corporates like the Jindal Group could acquire enough land in West Bengal, then what is holding back the Tata Group.

"The Jindal's have put up a private thing and they said they didn't have any problem getting the land there. It is not a matter about West Bengal; it's a matter of the government," said Maira. He said the question is about the land that is processed to convert for industrial use.


Tata takes Mamata to court over Singur

Kolkata:  Tata Motors has taken Mamata Banerjee's government to court over her decision to reclaim the land at Singur allotted to the company in 2007 for its Nano factory. The Calcutta High Court has begun hearing the case. "Anybody can go to court, it is anybody's democratic right," said Ms Banerjee.  

Late last evening, a government notice was pasted at the gate of the Tatas' factory, asking it to vacate the premises. Police then arrived to help local administration officials, who locked the factory gate at 1 am. (Read: Govt's letter to Tatas asking them to vacate) 

The government's action is based on the Singur Land Rehabilitation and Development Bill, 2011 which was passed on June 14 by the West Bengal Assembly; the Opposition walked out in protest. The bill allows the government to revoke a 99-year lease signed by the Left when it was in power for 997 acres of land. (Read: Singur Land Bill passed in West Bengal Assembly) 

Tata Motors, in court, described the Bill as "a fraud on the Constitution." Arguing that the Bill is illegal, the company's lawyers said that the government cannot use force to reclaim land. (Read: Tata responds to Govt notice)

The court, however, did not agree to the Tatas' request for the land to be kept in the custody of the District Magistrate while the case is heard. At Singur, farmers said they have faith that their land will soon be returned to them by Ms Banerjee. 

After repeated protests - some of them violent - by farmers supported by Ms Banerjee's party, the Trinamool Congress (TMC), Tata abandoned its plant in October, 2008. By this time, it says, it had invested 1800 crores in the Singur factory and had spent another 440 crores on constructing buildings and adding infrastructure. 

Returning 400 acres at Singur to farmers who say they did not want to hand over the land to the government was one of Ms Banerjee's biggest campaign promises. 

In the Singur Bill that was passed, Ms Banerjee accused the Tatas of "non-commissioning and abandoning" their project. The company disagrees strongly with this. In a statement earlier this month, Tata Motor said, "The operations of setting up and commissioning of the plant was conducted under very difficult conditions, amidst violence... there being no guarantee of a safe and peaceful environment, Tata had to reluctantly close operations on October 3, 2008."




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Story first published:


Plan panel member questions Tatas approach in Singur
Press Trust of India / New Delhi  June 22, 2011, 17:00 IST

Ratan Tata, Tata Group chairmanAmid confrontation between Tatas and the West Bengal government over the Singur issue, Plan panel member Arun Maira today 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.

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.

"Jindal's have put up things there, they said they didn't have any problem in getting the land there. If Jindal's can find enough (land) to build up the steel plant in West Bengal so why could Tata's 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.

"She is saying that the process of dealing with the people, whose land you are taking, needs to be improved so that there is more fairness in it. Don't take the most productive agricultural land," he said.

Tata Motors had pulled out of the Nano project in October 2008 after a violent protest in Singur against land acquisition spearheaded by Banerjee's Trinamool Congress.

Last week the state assembly had passed Singur Land Rehabilitation and Development Bill, 2011.

The Calcutta High Court today refused to hear Tata Motors' petition ex-parte challenging the Singur Land Rehabilitation and Development Act, 2011.

The High Court has directed Tata Motors counsel Samaraditya Pal to serve notice to the state government.

The Act scrapped the previous Left Front government's deal with Tata Motors and provided for return of land to the unwilling farmers.








Singur: The second round begins


With the Mamata Banerjee government notifying a Bill to revoke land allotted to the Tata Motors and the company challenging the move in court, Singur is back in the limelight.

Image: 1 of  8
                                                                                                                                     
Social activist Medha Patkar interacts with farmers at Singur on Wednesday. Patkar, who visited Singur and the abandoned Tata Motors project site, said the company should realise the plight of farmers affected by industrialisation. Photo: Arunangsu Roy Chowdhury
Social activist Medha Patkar interacts with farmers at Singur on Wednesday. Patkar, who visited Singur and the abandoned Tata Motors project site, said the company should realise the plight of farmers affected by industrialisation. Photo: Arunangsu Roy Chowdhury
Medha Patkar undertakes padayatra in Singur
Press Trust Of India
Singur (WB), June 22, 2011

Social activist Medha Patkar on Wednesday appealed to West Bengal chief minister Mamata Banerjee to keep in mind the interests sharecroppers and landless labourers in Singur while returning acquired land to farmers. Patkar, who undertook a padayatra in Singur at the abandoned Tata Motors pr 
oject site, said the company should realise the plight of farmers affected by industrialisation.

Meanwhile, the Hooghly district administration has pasted 54 notices signed by district magistrate Sripriya Rangarajan on the walls of the project site with a copy of the gazette notification scrapping the land deal with the Tatas.

Private security guards of Tata Motors have vacated the site. Villagers alleged that a huge quantity of material from the abandoned factory was stolen last night after the departure of the security guards.

Official sources said that no one was being allowed into the abandoned project site.

http://www.hindustantimes.com/Medha-Patkar-undertakes-padayatra-in-Singur/Article1-712388.aspx


Tatas to move HC against Mamata's Singur Bill

NewsX - ‎8 hours ago‎
The Tata Motors has approached the Calcutta High court against West Bengal government on the Singur Bill. The Tata's took the decision on 21st June after the Mamata Banerjee-led West Bengal government notified the SingurBill. ...

Bengal govt notifies Singur Bill, initiates moves to reclaim land

Livemint - ‎16 hours ago‎
The West Bengal government on Tuesday issued a notification putting the Singur Land Rehabilitation and Development Bill, 2011, into force, and pasted a notice at the entrance of Tata Motors Ltd's abandoned small-car factory, asking the company and its ...

Notification on Singur Land Bill issued

The Hindu - ‎17 hours ago‎
Kolkata: A day after West Bengal Governor MK Narayanan gave his assent, the State government on Tuesday issued a notification to turn the Singur Land Rehabilitation and Development Bill into law. Industry Minister Partha Chatterjee said the ...

Planning commission official Arun Maira defends West Bengal?s land acquisition ...

Economic Times - ‎4 hours ago‎
NEW DELHI: As the Tatas moved the High Court today against Bengal's Singur land repossession Act, a planning commission official supported the land acquisition policy proposed by the West Bengal government . "Jindals have put up factories in WB and ...

Singur Bill notified Tata Motors set to move court today

Business Standard - ‎19 hours ago‎
Hours after the Mamata Banerjee-led West Bengal government notified the Singur Bill on Tuesday, Tata Motors upped the ante by issuing a notice against any unannounced move from the government's side, paving the way for a legal battle, ...

Tata to challenge Bill scrapping Singur deal

Times of India - ‎21 hours ago‎
PTI | Jun 21, 2011, 10.49pm IST KOLKATA: The Bill scrapping the previous Left Front government's deal with Tata Motors to return land to "unwilling" farmers in Singur will be challenged by the company in court. "We will move court tomorrow," barrister ...

Tata Motors contests land return

BBC News - ‎7 hours ago‎
The land in Singur, near Calcutta, was acquired by the state's former communist government in 2006 for Tata Motors to make its low-cost Nano car. After months of violent protests, the company pulled out of West Bengal. Tata Motors then went on to set ...

HC directs Tata Motors to serve notice on Bengal government

Economic Times - ‎8 hours ago‎
KOLKATA: The Calcutta High Court on wednesday refused to hear ex-parte Tata Motors' petition challenging theSingur Land Rehabilitation and Development Act, 2011. Justice Saumitra Pal, while taking up the petition filed by the Tata Motors, directed its ...

Cal HC does not pass interim order

IBNLive.com - ‎29 minutes ago‎
PTI | 07:06 PM,Jun 22,2011 Kolkata, Jun 22 (PTI) The Calcutta High Court today did not pass any interim order on the Tata Motors'' petition challenging the Singur Land Rehabilitation and Development Act 2011 by which the West Bengal government has ...

Tatas to move High Court

The Hindu - ‎17 hours ago‎
Tata Motors Limited will move the Kolkata High Court on Wednesday against a notification issued by the West Bengal government regarding the Singur Land Rehabilitation and Development Bill, 2011. The Bill was made into law on Monday after Governor MK ...

Tata Motors asks court to strike down Singur land law

Mangalorean.com - ‎2 hours ago‎
Kolkata, June 22 (IANS) Tata Motors Wednesday appealed to the Calcutta High Court to strike down the "unconstitutional" and "illegal" Singur Land Rehabilitation and Development Act, 2011, cancelling the 997.17-acre land lease given to the company by ...

Moving HC Tata's democratic right: Mamata

IBNLive.com - ‎11 minutes ago‎
PTI New Delhi: West Bengal Chief Minister Mamata Banerjee on Wednesday refused to comment on Tata Motors moving the Calcutta High Court against the Singur Land Rehabilitation and Development Act, saying it is their "prerogative" and "democratic right" ...

Bengal govt takes back Nano plot

Hindustan Times - ‎20 hours ago‎
The Nano plant at Singur became history on Tuesday, as the West Bengal government declared at the factory gates that it had taken over the 997.17-acre plot. "This is to bring to your kind notice that Singur Land Rehabilitation and Development Act, ...

Kolkata HC rejects Tata Motors' plea on Singur bill

India Infoline.com - ‎5 hours ago‎
The Kolkata High Court on Wednesday refused to hear the ex-parte petition from Tata Motors Ltd., challenging theSingur Land Rehabilitation & Development Act, 2011. Justice Saumitra Pal directed Tata Motors' lawyer, Samaraditya Pal to serve a notice to ...

Tatas move HC over Bengal's Singur land repossession act

domain-B - ‎5 hours ago‎
The much-publicised act passed by West Bengal's Mamata Banerjee-led Trinamool Congress government to return land acquired from unwilling farmers for Tata Motors' Nano car plant in Singurhas not gone down well with the Tatas, who have challenged the ...

Tata Motors moves petition against Singur Act

CarTradeIndia.com - ‎7 hours ago‎
Tata Motors, the largest vehicle maker in the Indian market, on Tuesday moved the Kolkata high court, challenging the legality of the state government's Singur Land Return Act. Interestingly, the auto maker's move came just an hour after the Hooghly ...

Kolkata : Govt Takes Over Singur Land - Tata Moves to HC

Daijiworld.com - ‎11 hours ago‎
Kolkata, Jun 22 : The West Bengal government under the leadership of Mamatha Bannerjee has formally taken over the Singur land which was alloted for the Nano project of Tata group on Tuesday June 21. Sub-divisional officer Abhijit Mista locked the ...

Singur land return Act, sans Prez nod

Times of India - ‎Jun 20, 2011‎
KOLKATA: Governor MK Narayanan on Monday signed the Singur Land and Rehabilitation and Development Bill, 2011, making it an Act. Earlier it was thought that the bill would need the President's approval but the state government has regarded it as a ...

Governor gives assent to Singur land return Bill

Indian Express - ‎Jun 20, 2011‎
Just five days after Singur Land Rehabilitation Bill was passed in the state Assembly, Governor MK Narayanan on Monday signed the legislation, making it an Act, thus facilitating the return of 400 acres of land to the "unwilling" farmers. ...

West Bengal governor signs Singur Bill

Business Standard - ‎Jun 20, 2011‎
West Bengal Governor MK Narayanan today signed the Singur Rehabilitation and Development Bill, 2011, which wants to return land to 'unwilling' farmers from whom it was taken for the small car project Tata Motors had proposed to set up in Singur...

Tata Motors to move court today against Singur Act

Zee News - ‎19 hours ago‎
Kolkata: Tata Motors Wednesday moved the Calcutta High court against the Singur Land Rehabilitation and Development Act, 2011, which cancels the 997.17-acre land lease given by the erstwhile Left Front government to Tata Motors, sources said. ...

WB governor approves Singur land rehabilitation & development bill 2011

Economic Times - ‎Jun 20, 2011‎
KOLKATA: West Bengal governor MK Narayanan on Monday gave his consent to the Singur Land Rehabilitation And Development Bill , 2011 which was passed by the state legislature on June 14. Raj Bhavan sources said that the government had signed the Bill on ...

Singur Bill receives Governor's assent

Moneycontrol.com - ‎Jun 20, 2011‎
Published on Mon, Jun 20, 2011 at 20:22 | Source : PTI The Bill scrapping the previous Left Front government's deal with Tata Motors to return land to 'unwilling' farmers in Singur passed by the West Bengal Assembly on June 14, today received Governor ...

It's Tata vs Mamata round 2

Times Now.tv - ‎1 hour ago‎
It's Tata vs Mamata round 2The Calcutta High Court today did not pass any interim order on the Tata Motors' petition challenging the Singur Land Rehabilitation and Development Act 2011 by which the West Bengal government has taken back possession of ...

WB Governor signs Singur bill

Indlaw.com - ‎Jun 21, 2011‎
20.6.2011 (UNI) The much-awaited Singur Land Rehabilitation and Development Bill, 2011, was today signed by Governor MK Narayanan paving its way for the required enactment. In a significant legislative development, the West Bengal Assembly passed the ...

Payback time for Mamata

IBNLive.com - ‎Jun 21, 2011‎
PTI | 01:06 PM,Jun 21,2011 On June 14, fulfilling the election pledge of the chief minister, the West Bengal Assembly passed The Singur Land Rehabilitation and Development Bill, 2011 scrapping the previous Left Front government's deal with Tata Motors. ...


Land taken, battle legal
Tatas set to move court today

Calcutta, June 21: The Singur land was taken over by the state government tonight after a flurry of dramatic events, prompting the Tatas to make preparations to move the high court tomorrow morning.

Sources said Tata Motors wrote to top state government officials tonight, requesting them not to alter the status quo without a court order. However, a government official said in Singur that the administration had taken possession of the land at 10.10pm.

At 1.05am on Wednesday, Chandernagore sub-divisional officer Abhijit Mitra put a lock on the Singur factory's latticed gate. Around 450 guards hired by the Tatas have been allowed to stay the night on condition that they will move out at 7am tomorrow.

Moving with lightning speed on a day chief minister Mamata Banerjee was in Delhi, the state government notified the Singur bill that was signed into an act by the governor yesterday and fulfilled the last-mile requirement to make it a law.

The formalities wrapped up and armed with a notice, the district administration raced to the site meant for the Nano plant but were beaten to the draw by a few minutes by the Tatas around 6.25pm.

A Tata notice, seeking a five-hour notice "during daylight hours" and declaring that response to any communication delivered to the guards would be forthcoming on the next working day, was pasted on the fence of the site.

The unfazed government slapped on the gate its own notice, which cited the mint-fresh Singur Land Rehabilitation and Development Act, 2011, and asked Tata Motors to restore vacant possession of the land "forthwith in favour of the District Magistrate, Hooghly".

The government notice added: "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 land leased to Tata Motors was formally taken over at 10.10pm. "The district magistrate had instructed me to take possession of the land and I did so at 10.10pm tonight," sub-divisional officer Mitra said.

"An order to this effect has been issued by me and many villagers have signed the order sheet to show that they were witnesses to the takeover of the land by the state government," Mitra added.

Late tonight, the district administration put up 45 more notices informing the ancillary units that the land earmarked for them was also being taken over. Officials said that henceforth the Tatas would not be allowed to paste any more notices on the factory premises.

Dilip Sengupta, the consultant adviser who issued the notice on behalf of Tata Motors, was on the premises till 11.30pm.

The lock put by the government has four keys — two of which will be with the police OC and one with the BDO. The remaining one has been given for the time being to the security agency hired by the Tatas so that the guards can leave in the morning.

Samaraditya Pal, barrister at Calcutta High Court, confirmed that his client, Tata Motors, would move court tomorrow. "We are moving court against the entire bill," Pal told The Telegraph.

Legal circles said Pal went to meet high court Chief Justice J.N. Patel at 8.50pm and informed him that an unlisted motion would be moved tomorrow at 10.30am in the room of Justice Saumitra Pal, praying that the land should not be taken away.

Tata Motors then wrote to the WBIDC and government officials, including the chief secretary, that the high court would be moved on Wednesday morning.

A source said the letter informed the officials that "the apprehension of Tata Motors that there is likelihood that they may be forcibly dispossessed was brought to the notice of the chief justice".

In view of the plan to move court, the letter requested the officials "not to interfere with or disturb our possession of the factory site in any manner whatsoever under the act or otherwise without order of the high court", the source added.

The WBIDC had leased 645 acres to the automobile company. The vendors possess 290 acres but they, unlike the Tatas, could not enter into a formal lease agreement with the government. According to the bill, land will be returned to those who did not accept the compensation, while Tata Motors can seek compensation.

Udayan Ghosh, the president of a local forum of owners who took the compensation, said many "willing" farmers would move court by Friday. "We will challenge the bill in individual capacity," he said.

Although dated June 18, the Tata notice was pasted by two guards only a few minutes before the government put up its version. When the guards stepped out of the factory premises and turned to the fence, government officials were busy preparing to paste the district magistrate's notice on the gate.

Before the government notice was pasted, nine "unwilling" farmers were made to sign the notice as witnesses.

An hour before the events unfolded at Singur, industries minister Partha Chatterjee had informed Mamata, who is camping in Delhi, of the gazette notification of the Singur Act. "The gazette notification was done today. The process to return the land will start now," Chatterjee had said at Writers' Buildings.

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http://www.telegraphindia.com/1110622/jsp/frontpage/story_14145101.jsp




First Published: 15:35 IST(22/6/2011)
Last Updated: 15:36 IST(22/6/2011)


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