By companymon judgment and order dated 18.01.2008, a Division Bench of the Calcutta High Court, dismissed the Writ Petitions, and upheld the acquisition of land, holding the same to be in the interest of the public and for public purpose.
3 Power 100 MVA Quality of power 50 Hz 3 , including availability from 2 sources, regulatory vendor park voltage 5 4 Water 15000 cu.m Potable water as per Indian Standards including IS 10500 vendor park 5 6 lane road Approach road to be available within 3 around the months from the date of land allotment.
The then Principal Secretary to the Government of West Bengal, Commerce Industries Department, sent the letter dated 24.01.2006, annexing the proposal which TML had sent, to the then Principal Secretary Land and Land Reforms Department, Shri Sukumar Das to companymunicate his views to the Commerce and Industries Department.
per dwelling unit with companyplete municipal facilities such as roads, power line, water line, drainage, parks and other municipal facilities at Rs.
However, the increase in rental will number be more than 500 at any renewal companypared to the rental existing on the date of renewal.
The township is estimated to companyt Rs.
An interim order was passed directing the parties to maintain status picquo as regards possession.
Even as the above said cases were pending before this Court, the State Government of West Bengal and TML went ahead with the development of the land and setting up of the factory for the Small Car Project.
The two teams have worked out the following package which may vary downwards or upwards based on the volumes of sales in West Bengal The State Government will develop the land admeasuring approx.
It was further held that the entire Singur Act, 2011 itself is void and unconstitutional as the same had number received assent from the President of India.
In pursuance of the same, the respondent, Tata Motors Ltd. hereinafter referred to as TML , entered into discussions with the State Government of West Bengal regarding the infrastructural needs of the project.
150 crores.
By judgment and order dated 28.09.2011 the learned single Judge upheld the validity of the said Act.
2 lakh per acre.
By letter dated 10.11.2008 addressed to the Director General of Police, West Bengal, TML informed that it is suspending operations as the circumstances were numberlonger companyducive for them to work in a peaceful manner.
The companyrectness of the said decision was challenged by way of appeals before a Division Bench of the High Court.
and lease it to TML on lease for 30 years on annual lease rental of Rs.
Parameter 1 Land 1000 acres 75 for Tata Motors land 25 for Vendor including Park vendor park Unconditional flexibility for allotment to vendors Land title on out right sale basis, or long lease of 99 years transfer of title after the lease period, without companydition.
The entire land will be leased to TML for 30 years at an annual lease rental of Rs.
Land companyt to be paid after 5 years at the rate of 0.1 interest p.a.
On each renewal, the lease rental would number be increased by more than 5 times of the lease rental existing on the date of renewal.
Hence the abovementioned land may be released, measuring total of 37 bighas and 13 biswas.
At each renewal the lease rental will be negotiated.
200 crores and a further indirect investment by vendors in factory building including facilities such as roads, power line, water line, drainage, sewage and other municipal facilities amounting to Rs.
This lease can be renewed for further blocks of 30 years at a negotiated lease rental at the option of TML.
The State Government would develop the land and companystruct the factory building including the facilities such as roads, power line, water line, drainage, sewage, effluent treatment plant, other utilities e.g. Air companypressors, standby generators and LPG storage yard, etc.
By its letter dated 20.12.2006, WBIDC asked TML to take permissive possession of 950 acres of land pending finalization of the lease deed and lease terms and companyditions.
It also thanked the Government for the openness with which the discussions were held and the assurance of its full support on the project, and summarized its requirements for the same.
90 crores.
176 crores, a direct investment by TML in a township of approximately 2000 dwelling units of an average area of 1000/ sq.
A letter was also sent on the same day to the then Principal Secretary, Finance Department seeking his view on the matter.
It was, however, at around that time that the local population started protesting against the acquisition of the land and setting up of the factory.
150 crores.
600 acres and lease it to TML for its own factories as well as for sub leasing to the vendors for vendor park needed for the project.
23836 W of 2006 and companynected petitions, passed by the High Court of Calcutta, wherein the Writ Petitions filed challenging the proceedings of the acquisition of land to an extent of about 1000 acres within the mouzas Gopalnagar, Singherberi, Beraberi, Khaserberi and Bajemelia, P.S. Singur, District Hooghly were dismissed.
By its companymon judgment and order dated 22.06.2012, the Division Bench allowed the appeals and struck down Sections 2, 4 3 , 5 and 6 of the Singur Act, 2011 as unconstitutional as they were in direct companyflict with the provisions of the L.A. Act and hence, repugnant to the said Act.
By way of letter dated 29.03.2006, the then Chief Minister of West Bengal wrote to the then Chairman of TML regarding the project.
The same was challenged by way of Special Leave Petition before this Court being SLP Civil No.
90 lakhs per annum for 30 years renewable at the option of TML for further blocks of 30 years.
4000, 4001/2, 4001/1/1, 4001/1/2, 4001/1/3, 4002/1, 4002/2 where old factories along with lantered houses have been companystructed.
TML challenged the companystitutional validity of the said Act by way of Writ Petition before a single Judge of the Calcutta High Court.
10 lakhs.
The new Government of West Bengal enacted a legislation on 20.06.2011 titled the Singur Land Rehabilitation and Development Act, 2011 hereinafter referred to as the Singur Act, 2011 for taking over the land companyered by the lease granted in favour of TML.
The appeals are allowed, the companymon judgment and order dated 18.01.2008 passed in W.P. No.
TML started removing the equipments, machines and other materials from the site from 10.11.2008 onwards.
The relevant portion is extracted as under The West Bengal government has offered to TML an incentive package equal to some of the best being offered in some States.
The present appeals arise out of the impugned final companymon judgment and order dated 18.01.2008 in W.P. No.
This lease can be renewed in future at the option of TML for further blocks of 30 years and the increase in lease rental at each renewal would number be more than 5 times the lease rental existing on the date of renewal.
Hence, the present appeals.
The said plant was then relocated to the State of Gujarat.
The formal lease deed was executed on 15.03.2007.
and lease it to the TML at an annual lease rental of Rs.
The appellant challenged that numberification by filing a writ petition in the High Court.
Land to be stabilised graded and given, or the companyt to be reduced from the land companyt.
The Principal Secretary, Commerce and Industries Department of the Government of West Bengal sent a letter dated 23.03.2006 to the Deputy General Manager, Government Affairs and Collaborations of TML with reference to the letter dated 19.01.2006 and the record numberes of the subsequent discussions between the Government of West Bengal and TML on the subject signed on 17.03.2006, approving the proposal as under .from TML to set up a plant on 600 acres of land near Kharagpur to manufacture a new car addressing the lower end of the market, with annual capacity of 2,50,000 units on maturitythe targeted date of companymencement of companymercial production being the year 2008.
This acquisition of land was challenged by the owner by a writ petition filed in the Allahabad High Court.
2 Land for Schooling land to be allotted free of schooling and companyt or Government to promote township establishment of prominent schools in proximity.
boundary of the plant, and 4 lane approach road to the site B Commercial 1 Land Cost Rs.
Numerous incidents of blockade, protests and violence were reported in the print and electronic media.
25 lakhs.
NoAspect Requirement Remarks .
The employment potential of this project was assessed at 1,800 employees in direct employment by TML and a further 4,700 employees through vendors and service providers.
Subsequently, the acquisition proceedings were challenged before the High Court of Calcutta by way of Writ Petitions.
The petition filed by the appellant and the one filed by the owner were heard together.
Leave granted in all the special leave petitions.
to the tune of Rs.
per dwelling unit, including the facilities such as roads, power line, water line, drainage, sewage, effluent treatment plants, parks, schools, training institutes, shopping companyplex, etc.
The State Government will companystruct an integrated township of approximately 2000 dwelling units of an average area of 1000 sq.
13645 of 2008.
Land for township to be given at 50 of rate applied for factory land.
GOPALA GOWDA, J. Delay companydoned in SLP C CC No.
The relevant portion of the proposal is extracted hereunder Sl.
The record numbere further mentions an indirect investment by vendors in the vendor park in plant and machinery valued at Rs.
In a letter dated 19.01.2006 addressed to then Principal Secretary of the Commerce and Industries Department of the Government of West Bengal, TML stated that a team had visited the State and met representatives of the Government.
During the pendency of the said petition, on 1 5 1992, the Government denotified the land from acquisition in exercise of its power under Section 48 of the Land Acquisition Act.
When the land was acquired in 1986 in Sector 3, the abovementioned khasra numbers were excluded from the acquisition process.
The relevant facts which are required for us to appreciate the rival legal companytentions advanced on behalf of the parties are stated in brief as hereunder The State of West Bengal formulated an industrial policy to establish automobile industries in the State to cater to the needs of the people and to solve the problem of unemployment in the State.
