Tatas move SC on Singur land issue

Accuses West Bengal govt of appropriating judicial function

In a petition mentioned before a vacation Bench of Justices P Sathasivam and A K Patnaik, the company questioned the validity of the Singur Land Rehabilitation and Development (SLRD) Act, passed to take back possession of the land and distribute it among farmers who owned them before the acquisition by the previous Left Front government.

It alleged that the Act was akin to the legislature exercising judicial authority against the basic feature of the Constitution.

The company pointed out that the validity of the land acquisition had already been upheld by the Calcutta High Court and an appeal against the same order is pending before the apex court also.

“An adjudication of the rights of parties is essentially a judicial function and in the instant case the state legislature has blatantly encroached on this judicial power. It is a settled law that a legislature cannot overrule a judicial decision by adopting an indirect approach,” its petition said.

The Tatas did not get any relief from the High Court on Monday . They filed the appeals against the orders of the High Court which rejected its plea to restrain the state government from taking back possession and distribution of land to the farmers.

The petitions alleged that the Trinamul Congress led government was indulging in “colourable exercise of power” on Singur land issue.

The Bench decided to hear the matter on Wednesday.

The Tatas alleged the state government was using police force to take back the possession of land.

They have filed two separate petitions challenging the Calcutta High Court orders dated June 23 and June 27.

The High Court had on June 23 refused to entertain the company’s plea seeking directions to restrain the state government from taking possession of the about 1000 acre land.