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The West Bengal Government on Wednesday argued before the Calcutta High Court that payment of compensation and taking possession of land was not interlinked.
Possession of land may be taken even if payment or deposition of compensation has not been made.
The reference to possession of land and payment of compensation came up during the State Government's reply to the writ petition filed by Tata Motors challenging the validity of the Singur Land Rehabilitation and Development Act, 2011.
“Possession has not been made a condition on payment of compensation. Possession may be taken before the payment or deposition of compensation amount,” Mr Anindya Mitra, State Advocate-General, said.
The Tata Motors' counsel, during his arguments, held that the Singur Act remained silent on issues relating to compensation.
During the day, the Advocate-General also maintained that there was no repugnance between the Singur Act and Central Land Acquisition Act, 1894 and the two Acts operate in two different spheres.
The Land Acquisition Act, according to Mr Mitra, is “not a vesting statute of any State Government” while the object, procedure and ambit of the Singur Act is totally different.
“In the Singur Act, possession has been taken long before actual compensation has been paid or could be paid,” Mr Mitra said adding that there is no automatic vesting of land in the Central Act and a different procedure is laid down in it (Central Act) for vesting land.
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