In a setback to West Bengal government led by Mamata Banerjee, the Calcutta High Court on Friday held as unconstitutional and void Singur Land Rehabilitation and Development Act, 2011, under which the State had vested land leased to Tata Motors.Giving its verdict on an appeal by Tata Motors Ltd, a division bench comprising Justices Pinaki Chandra Ghosh and Mrinal Kanti Chaudhury observed that the President’s assent had not been taken for the Act and as such it was void and unconstitutional.
The implementation of the order was, however, stayed for two months by the division bench to allow the aggrieved party to appeal before a higher court.
The division bench set aside the order of Justice I P Mukerji who had held the Act to be constitutional.
It observed that the single bench had no jurisdiction to fill up loopholes left by the legislature.
The court also observed that what was done in Singur was acquisition of land by the said Act and as such it was void.
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