Tata singur land

In keeping with its first decision taken in the first cabinet meeting on May 13, the state government today promulgated an ordinance that ensured the return of 400 acres of land to farmers of Singur who did not accept the price of their land acquired for the Tata Motors’ small car project.

Governor M K Naraya-nan signed the ordinance after a long meeting with Commerce and Industries Minister Partha Chatterjee.

Chief Minister Mamata Banerjee announced the decision late in the evening. “We are returning 400 acres of land at Singur and Tata babus can set up industries on the remaining 600 acres. I saw a letter in which the Tatas wanted compensation for their land. We are ready to pay it to them but for that we will have to appoint an arbitrator. However, this is a triumph of Ma-maati-manush and today should be observed as Singur Day.

Aware of the legal implications , the CM announced that the government is ready to compensate the Tatas by way of arbitration. "The governor has signed the ordinance . Now, we can return 400 acres to the unwilling farmers," Mamata said. She stressed that the land was "reacquired" for public purpose and it will become apparent when the ordinance is made public.

Besides, according to the agreement with the Tatas, a 21-month notice has to be given before cancelling the agreement.

However, the West Bengal Industrial Development Corporation (WBIDC), which leased out the land, had written to the Tatas last year pointing out that the project had not been completed three years after the lease was signed and asking what they intended to do.

It was in response to this communication – on the basis of which Mamata seems to have cited “three-four years” – that the Tatas had referred to compensation.

“An ordinance will make these clauses (of the agreement) redundant,” said lawyer Arunava Ghosh.

The ordinance has fallen into a constitutional twilight zone as the Assembly is technically still in session, having adjourned after meeting for one day to elect the Speaker. “The House is in session, it has merely been adjourned,” Speaker Biman Banerjee said.

An ordinance, supposed to be an emergency option, cannot be promulgated when the Assembly is in session.

CPM state secretary Biman Bose dubbed the government’s move “unconstitutional”.

An unfazed Mamata, who has an overwhelming majority in the Assembly, appeared be keeping a Plan B ready. “If the CPM has objections, we won’t issue the notification. We can convene the Assembly session on Tuesday and get a bill passed. Kono ashubidhe nei (There is no problem). Even the Forward Bloc, RSP and the CPI will support us.”

Former Speaker Hashim Abdul Halim said the session could be brought forward but it should begin with the governor’s address.