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The West Bengal Government on Thursday told the Calcutta High Court that the word “compensation” without specifying an amount was deliberately used in the Singur Land Rehabilitation and Development Act 2011.
It also argued that the Supreme Court has laid down guiding principles for evaluating compensation.
“Instead of specifying an amount, the Singur Act has deliberately used the word compensation,” the State Advocate General, Mr Anindya Mitra, said adding that compensation, according to the Singur Act, is to be adjudged by a district judge.
Tata Motors while challenging the constitutional validity of the Singur Act had argued that the Act does not specify the amount or lay principles according to which compensation will be calculated.
During the day, Mr Mitra argued that following the 44th amendment to the Constitution; “Compensation is no longer required to be fixed or the principles for compensation specified” when the State acquires a property.
Citing previous judgments, the Advocate General argued that definition of compensation has been adequately given and “the Supreme court has given guiding principles” for evaluating the same (compensation).
According to Mr Mitra, the Singur Act had been legislated under the State list and not under the concurrent list. Hence there was no repugnancy with the Land Acquisition Act of 1894.
“The West Bengal Assembly has exclusive power in any right in or over land and over land tenures as well,” Mr Mitra said.
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