Tata Motors counsel, Mr Samaraditya Pal, on Thursday, told the Calcutta High Court that the affidavit filed by the West Bengal Government in response to the auto major's petition challenging the Singur Land Rehabilitation and Development Act 2011 was “misleading''.
“The affidavit said that there has been a fundamental breach of agreement by the petitioner (Tatas) and it is misleading since it does not state all the facts,'' Mr Pal said adding that the “credibility of persons filing the affidavits are at high risk”.
He added that the company had already expressed its desire for alternative investment in the area in a communication to the West Bengal Industrial Development Corporation (WBIDC) in September 2010 if the Tatas were convinced that a “congenial atmosphere'' existed in the State.
Hence, the question of “holding the land at ransom for compensation”, as claimed by the State Government in its affidavit, did not arise, the Tata Motors counsel argued.
“Assuming that a breach of agreement has been committed in 2008, then what was the State Government doing (till 2010) then,” Mr Pal asked referring to a letter sent by the West Bengal Industrial Development Corporation (WBIDC) – the land lessor – to the auto major in June 2010 seeking clarity on Tata Motors plans for utilising the land.
According to the auto major's counsel, the company was forced to relocate to Sanand in Gujarat not because it was a “calculated business decision to take more benefits” but for a different reason. He stated that the State Government had failed to create a “congenial atmosphere for industry”.
“For two years (since 2006) there were law and order problems in the area,” Mr Pal said.
Hearing on the case will continue on Friday.