Blow to Mamata as HC nixes Singur Act

June 23, 2012
mamatha

Kolkata, June 23: The Calcutta High Court on Friday held the Singur Land Rehabilitation and Development Act, 2011, “unconstitutional and void.”

The Act was the brainchild of West Bengal Chief Minister Mamata Banerjee.

The Division Bench comprising Justices Pinaki Chandra Ghosh and Mrinal Kanti Chaudhury observed that the Act was unconstitutional and void since “sections of compensation in the Singur Act were in conflict with the Land Acquisition Act, 1894, and the legislation had been enacted without obtaining assent of the President.”

The judgment is seen as a major blow to Banerjee. Earlier, a single bench of the Calcutta High Court, headed by I P Mukherjee, upheld the Act on September 28, 2011.

Tata Motors had subsequently moved the division bench challenging the verdict.

“The Single Bench had no jurisdiction to fill up loopholes left by the legislature,” Justices Ghosh and Chaudhury said.

The Bench observed that “though the single judge had awarded compensation on the basis of the Land Acquisition Act of 1894, but the court had no power to insert, rewrite or reframe the Singur Act and the part dealing with compensation is not sustainable.”

The court, however, gave the state government two months time to appeal to the Supreme Court, but barred it from disbursing the reclaimed land in the interim period.

Trinamool Congress MP and government counsel Kalyan Bandopadhyay said: “The judges were also confused. So they had given a two month period for appeal which is rare. The state government would now definitely move the Supreme Court against the judgment.”

The Left Front government in West Bengal had leased out 997 acres to Tata Motors at Singur in Hooghly district for the Nano car factory.

While 645 acres were allotted to the company, the rest were given to the vendors.

Following mounting opposition by local farmers, led by the Trinamool Congress, Tata Motors shifted the factory to Sanand in Gujarat citing law and order issues, but kept possession of the land.

After coming to power, Banerjee scrapped the lease to Tata Motors, triggering a legal battle between the automobile giant and the government.

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News Network
May 9,2020

New Delhi, May 9: With 3,320 coronavirus cases and 95 deaths reported in the last 24 hours, India's COVID-19 cases rose to 59,662 on Saturday, informed the Union Ministry of Health and Family Welfare.

The total number of active cases in the country now stands at 39,834 while the number of cured/discharged/migrated stands at 17,847.

The country has reported 1,981 deaths so far, added the Ministry.

Maharashtra has the highest number of cases with 19, 063 followed by Gujarat with 7,402 cases and Delhi with 6,318 cases.

Meanwhile, the country continues to remain in a lockdown slated to end on May 17.

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News Network
May 30,2020

New Delhi, May 30: India witnessed the highest ever spike of 7,964 coronavirus positive cases in the last 24 hours, taking the total number of COVID-19 cases in the country to 1,73,763, according to the Union Ministry of Health and Family Welfare.

With as many as 265 deaths reported in the last 24 hours, the death toll due to the virus now stands at 4,971.

Out of the total number of coronavirus cases, 86,422 are active and 82,370 have been cured/discharged/migrated.

Among the states, Maharashtra remains the worst-affected with 62,228 COVID-19 cases, followed by Tamil Nadu (20,246), Delhi (17,386) and Gujarat (15,934).

The fourth phase of the nationwide lockdown imposed as a precautionary measure to contain the spread of COVID-19 is slated to end on Sunday.

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Agencies
June 14,2020

New Delhi, Jun 14: Petrol price on Sunday was hiked by a record 62 paise per litre and that of diesel by 64 paise as oil companies for the eighth day in a row adjusted retail rates in line with cost since ending an 82-day hiatus in rate revision.

Petrol price in Delhi was hiked to Rs 75.78 per litre from Rs 75.16 while diesel rates were increased to Rs 74.03 a litre from Rs 73.39, according to a price notification of state oil marketing companies.

Rates have been increased across the country and vary from state to state depending on the incidence of local sales tax or VAT.

The 62 paise a litre increase in petrol and 64 paise hike in diesel price is the highest surge in rates since the daily price revision was started in June 2017.

This is the eighth daily increase in rates in a row since oil companies on June 7 restarted revising prices in line with costs, after ending an 82-day hiatus.

In eight hikes, petrol price has gone up by Rs 4.52 per litre and diesel by Rs 4.64 -- a record increase in rates in any eight days since the daily price revision was introduced.

The freeze in rates was imposed in mid-March soon after the government hiked excise duty on petrol and diesel to shore up additional finances.

Oil PSUs Indian Oil Corp (IOC), Bharat Petroleum Corp Ltd (BPCL) and Hindustan Petroleum Corp Ltd (HPCL), instead of passing on the excise duty hikes to customers, adjusted them against the fall in the retail rates that was warranted because of international oil prices falling to two-decade lows.

The government had first raised excise duty on petrol and diesel by Rs 3 per litre each on March 14 and then again on May 5 by a record Rs 10 per litre in case of petrol and Rs 13 on diesel. The two hikes gave the government Rs 2 lakh crore in additional tax revenues.

State-owned fuel retailers IOC, BPCL and HPCL had frozen petrol and diesel prices since March 16, as if anticipating the government move and set off gains they accrued from continuing drop in international oil prices against the excise duty hike.

They, however, promptly passed the increase in local sales tax or VAT by state governments such as Rs 1.67 increase in VAT on petrol and Rs 7.10 in diesel by the Delhi government on May 4.

The total incidence of excise duty on petrol has risen to Rs 32.98 per litre and that on diesel to Rs 31.83. The excise tax on petrol was Rs 9.48 per litre when the Narendra Modi government took office in 2014 and that on diesel was Rs 3.56 a litre.

The government had between November 2014 and January 2016 raised excise duty on petrol and diesel on nine occasions to take away gains arising from plummeting global oil prices.

In all, duty on petrol rate was hiked by Rs 11.77 per litre and that on diesel by 13.47 a litre in those 15 months that helped government's excise mop up more than double to Rs 2,42,000 crore in 2016-17 from Rs 99,000 crore in 2014-15.

It cut excise duty by Rs 2 in October 2017 and by Rs 1.50 a year later. But it raised excise duty by Rs 2 per litre in July 2019.

It again raised excise duty on March 14 by Rs 3 per litre.

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