-The Hindu
The Singur Land Rehabilitation and Development Act, 2011, came under the scrutiny of the Calcutta High Court on Friday, with Justice I.P. Mukerji saying it did not mention the quantum of compensation and the time of payment.
The Tata Motors had argued that the Act was unclear on compensation.
Clarification sought
Seeking clarifications from Advocate-General Anindya Mitra on issues relating to payment of compensation in case of vesting of land, Justice Mukerji said the “phrasing of words” in Section 5 (2), dealing with compensation payment, did not say clearly whether the vesting was “absolute or conditional.”
Moreover, it raised questions about the duration of payment. “Compensation has to be determined with reasonable certainty and reasonable time,” the judge said. “When compensation is paid, then it has to be paid reasonably soon. It cannot be for an uncertain period.” Even if an application was not made to the district judge (as mentioned in the Act), the obligation to pay compensation remained.
Mr. Mitra argued that there existed no case in which compensation had to be paid before vesting and taking possession of land. “Time and compensation are implied in the Act,” which itself provided for the scope of payment.
He said an Act represented the will of people and should not be struck down unless it went against the Constitution.