Thursday, July 7, 2011

Hearing on Tata's petition in High Court continues

The hearing of the writ petition filed by the Tata Motors, challenging the constitutional validity of the Singur Land Rehabilitation and Development Act, 2011, continued for the sixth day in the Calcutta High Court.
As per the statements issued by the Tata Motors, the "interim arrangement" given by the Supreme Court will remain "until further orders are passed by the high Court". The Calcutta high Court has urged to dispose the matter as soon as possible.
The matter was adjourned for the day and is again to be heard on Thursday.
The State Governments claim that the petition cannot be maintained as Tata motors are not in possession of the land, which has not been mentioned in the write petition filed by them on June 22nd. Also Tata Motors stated that the suppression of facts was caused by restraints of time and that they have filed an affidavit later.
Mr. Mitra added to it that he had suppressed something that would have gone in his favour.
He also denied that the Tata motors had abandoned the premises of the factory, emphasizing that the company had paid rent till March 2012.
Mr. Mitra also pointed that the West Bengal government could have terminated the lease on account of non-use of land, but they have not done so and have received rent until 2012.
Mr. Mitra told the court, adding that the test for the validity of the Act will not be whether there was an electoral promise made, but the legislature was empowered to pass such legislation.
He also countered the State's arguments that it was the bill and not the Act that had been challenged in the petition by stating that the Bill had been passed by the Assembly, received the consent of the Governor and being notified by the State government.
Reported by,
        AR

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