Kolkata, Nov 1 (IANS) The Tata Motors’ appeal in the Singur land case was Tuesday assigned to a new two-judge bench of the Calcutta High Court following an objection by the West Bengal government.
Chief Justice J.N. Patel sent the case to the division bench of Justice Pinaki Chandra Ghosh and Justice Mrinal Kanti Chaudhuri to hear the appeal.
Earlier Tuesday, the division bench of Justice K.J. Sengupta and Justice Joymalya Bagchi referred to the chief justice after a government counsel argued that the bench did not have the power to decide the case.
‘As per the court list, this matter cannot be determined by this bench. It’s our legal and moral responsibility to inform the court about this. Following our request, the bench has referred the matter to the chief justice for his view,’ said government counsel Ashok Banerjee.
‘We do not intend to delay the matter. It was our legal obligation because if the case is determined by this bench, the legality of the judgment can be questioned later,’ Banerjee added.
Tata Motors Monday got the court permission to file an appeal before it against the high court’s earlier ruling that upheld the government’s move to return the acquired Singur land to owner farmers.
Company counsel Samaraditya Pal filed the appeal Tuesday.
Justice I.P. Mukerji Sep 28 declared the Singur land law enacted by the Mamata Banerjee-led government as constitutional and valid.
However, the company was held entitled to compensation, which was to be ascertained by district judge, Hooghly.
The automobile major had to shift its Nano small car plant to Gujarat from Hooghly district’s Singur in 2008, owing to protests by farmers led by the Trinamool Congress.
The party sought the return of 400 acres taken from farmers.
Within a month of forming the government in May, Banerjee enacted the Singur land law with the objective of returning the land to farmers.
