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Mandatory procedures not followed in acquiring Singur land

The Supreme Court today quashed the acquisition of 1000 acres of land in Singur by West Bengal’s Left Front government in 2006 for Tata’s Nano project concluding that it was “illegal” and proceeded ahead in “violation of law”. Civil rights organizations, several of them backed by present chief minister Mamata Banerjee, had moved the apex court challenging the acquisition. The court was hearing a bunch of petitions challenging the quashing of Singur Land Acquisition Act brought in by the Mamata government by the Calcutta high court. Mamata government also became a petitioner later challenging quashing of the Act. A bench of justice V Gopala Gowda and justice Arun Mishra while pronouncing the judgment directed that the land be given back to farmers in 12 weeks. Though the Judges agreed on conclusion, differed on the question whether the land acquisition was  for public purpose or not . Justice Gowda, held that  the acquisition of land by taking it away from the farmers cultivating it cannot be said as a “public purpose”, but Justice  Mishra held that the acquisition was ultimately for the public purpose. Significantly the bench ruled that the farmers who got compensation from the government need not have to return it because “they were deprived of their livelihood for the last 10 years”.

SC had repeatedly told senior lawyers who had appeared for the company “You cannot argue that they (farmers) have accepted the award so they cannot challenge the acquisition. This case is under different footing and there are several issues which needs to be answered.”

Read more at: http://www.livelaw.in/sc-scraps-land-acquisition-tatas-car-plant-wb-slams-procedure-adopted/

Article referred: http://www.livelaw.in/sc-scraps-land-acquisition-tatas-car-plant-wb-slams-procedure-adopted/

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