The Supreme Court on Wednesday has quashed the allotment of 1,000 acres of land by the former CPI-M led government in the state to Tata Motors in 2006 for the company’s aborted project to start a Nano car plant in Singur. The court has declared that the ‘entire acquisition process was illegal’.

Both the judges Justice V. Gopala Gowda and Justice Arun Mishra has agreed to dismiss the allotment of lands and has ordered to return the land to thousands of landowners, farmers and cultivators, who have fighting the prolonged legal battle since last 10 years.

Justice Gowda said that acquiring the land in ‘favor of company’ by taking it away from the farmers cultivating it cannot be construed as a ‘public purpose’.

Differing with the opinion of Justice Gowda, Mishra said that acquiring a land for a car plant was indeed in public purpose as the factory would have given thousands of jobs. He further said that there was not ‘illegality’ in this aspect.

However, both the judges agreed that the whole inquiry procedure led to the notification of acquisition was not properly held. Justice Gowda said, “Either do as per law or not at all.”

The judges observed that notices were not issued to the landowners and their objections not properly considered.

Justice Gowda, for the bench said, “We have concurrently quashed the acquisition and compensation proceedings. The appeals [by farmers] are allowed”

The bench of judges has ordered the state government to identify the land acquired in 10 weeks and return the land to the farmer in next 12 weeks.

The court has ordered the state government, “Restore the ownership of lands to cultivators.” The court made it clear that the farmers can retain their compensation, which they got from the state as they were ‘deprived’ of their 10 years’ income from the land by the state’s acquisition. Court further said that the state will have to pay the compensation to those who were not paid.

By Prajakt K.