Tata Motors' counsel, Mr Samaraditya Pal, on Tuesday argued before the Calcutta High Court that affidavits filed by the West Bengal Government did not mention the time at which possession of Singur land was taken over by the Government.
Tata Motors' had challenged the Constitutional validity of the Singur Land Rehabilitation and Development Act, 2011 in the Calcutta High Court.
According to Mr Pal, memos submitted by the State Government point out that possession were taken before 8.30 p.m. on June 21.
“Nowhere is the time at which possession was taken is mentioned. However, it can be assumed from the submissions that possession was taken before 8.30 p.m.,” Mr Pal argued.
He further added that letters and notices sent by the State Government before taking over possession were addressed to the company's management in Mumbai. However, the company was not given adequate time to respond.
Since notices were not despatched till June 22 and not received by the company till a later date, it cannot be considered that the auto major had failed to restore possession of the land to the State Government, Mr Pal maintained.
“The question is how proceeds, the means adopted and how possession was taken over,” the senior counsel argued.
According to the auto major's counsel, acts by the State Government were carried out in “undue haste” and an “abuse of power” thereby leading to a “totally arbitrary, wrongful and forcible acquisition”.
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