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Wednesday, August 31, 2016

Supreme Court of India(SCI)Quashes Singur Tata plant Land Acquisition, Orders Bengal Govt to Return it in 12 weeks Wednesday Aug 31,2016

The Supreme Court of India(SCI) on Wednesday Aug 31,2016 held that the acquisition of land by Tata for the Nano plant in Singur was illegal.


The SCI said that no due process was followed by the previous Left government in West Bengal in acquiring the land and transferring it to Tata.

It was also observed that adequate compensation was not given to land owners during the acquisition. The Trinamool Congress (TMC) government in the state has been asked to reclaim the land in 10 days and distribute it to the original owners.

The SCI has also said that all those farmers who have taken the compensation in lieu of the acquisition will not have to return it as they have been deprived of their lands and its fruits for last 10 years.

Those farmers who had not taken the compensation may withdraw it and that land be returned to the owners within 12 weeks, the court said.

Calling it a landmark victory, Chief Minister Mamata Bannerjee said, "We waited for ten years for this judgement. It is victory of the farmers. Will work out a mechanism to return land to the farmers," she said. The state government will hold a strategy meeting on Thursday over how to implement the SC verdict.

Tatas exited Singur in 2008 after sustained protests against the acquisition by the TMC
The land was acquired in 2006 for the car project, which was vehemently protested by the TMC - currently in power in the state with Mamata Banerjee as Chief Minister. Eventually, the project was moved to Sanad in Gujarat in 2008.

What happened in the case
 
The CPM led by Buddhadeb Bhattacharya came back to power in West Bengal in 2006 and the state government announced in May that year that Tata would setup a car manufacturing unit to roll-out its Nano model for which close to 1000 acres of land would be allocated. Trinamool chief Mamata Benarjee kicked up a storm and started to protest against the acquisition of land by the Tata group.
The following year, in 2007, Tata however started construction of the plant in Singur. Mamata Benarjee paced up the protest by announcing indefinite hunger strike on the issue but later broke her 25-day fast in December 2007. Tata Motors announced the launch of Nano at Delhi auto expo on January 10, 2008.
In 2008, The Calcutta High Court upheld the land allocation by the government to Tata saying it wasn’t illegal. Tata had announced to push its first Nano car out of Singur. Mamata resumed her protest which led to talks between the Bengal government and TMC. Facing opposition, Tata finally announced to move its plant to Sanand in Gujarat citing security reasons to continue production in Singur.
In 2011, Mamata Benarjee stormed to power halting the Left government’s rule in the state. Her protest “Save Farmland” against the Singur land allocation and the one against Nandigram violence were said to be one of the reasons to revive her political career in the state. After assuming power, Mamata made her first Cabinet decision to return 400 acres of land to “unwilling farmers”. The TMC-led government passed Singur Land Rehabilitation and Development Bill, 2011. Soon after, Tata moved Calcutta High Court challenging the Bill. The HC upheld the Bill following which Tata moved the court again challenging its orders.
In 2012, a Division bench of the Calcutta High Court struck down the bill after the West Bengal government moved Supreme Court challenging the HC order. The apex court had sought response of Tata Motors on a special leave petition filed by the West Bengal government, challenging the rejection of the Singur Land Acquisition Act by the Calcutta High Court. A bench of H L Dattu and C K Prasad said the Calcutta High Court’s interim order would continue.
In 2013, the Supreme Court asked Tata Motors to consider returning the land as the company had already moved its car plant out of Singur. Tata Motors told SC that it wanted to retain land in Singur for the Nano project.
In May 2016, the SC observed that the Left Front-led Bengal government rushed through the land acquisition process. On August 31, the Supreme Court quashed the land acquisition to Tata by CPM government in 2006, setting aside the Calcutta High Court order.

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