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Calcutta High Court holds Singur Act unconstitutional

A number of farmers had not accepted the compensation for their land at Singur. The Trinamool Congress chief had promised to return their land to them.

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In a jolt to Chief Minister Mamata Banerjee, the Calcutta High Court today struck down as constitutionally invalid a state legislation passed at her initiative providing for 400 acres of land to unwilling farmers who had to give up their holding for the Tata Nano car project in Singur over four years back.

The Singur Land Rehabilitation and Development Act 2011 aimed at taking over and returning part of the 997 acre Nano plot to unwilling farmers had been adopted by the West Bengal Assembly in June last year as a follow-up to Banerjee's promise to the farmers.

A number of farmers had not accepted the compensation for their land at Singur. The Trinamool Congress chief had promised to return their land to them.

A division bench comprising Justice Pinaki Chandra Ghosh and Justice Mrinal Kanti Chaudhury, on an appeal by Tata Motors Ltd, observed that President's assent had not been taken for the Act and as such it was void and unconstitutional.

Hence acquisition of land under the Act was void, the court held.

The implementation of the order was, however, stayed for two months by the division bench to allow the aggrieved party to appeal to the Supreme Court. The state has decided to appeal against the verdict in the Supreme Court.

The division bench set aside the order of Justice I P Mukerji who had held the Act to be constitutional.

Banerjee said she will continue to fight for the cause of the farmers. "Unwilling farmers in Singur will get back their land. The state government is committed to it. We are with them and we will continue to be with them. They will emerge victorious in the end," she told reporters.

In Mumbai, a Tata Motors Spokesperson said "Tata Motors will study the judgement of the Calcutta High Court."

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