While Tata Motors approached the Supreme Court for stay on Singur land distribution, the West Bengal Government today challenged the “maintainability” of the automaker's writ petition before the Calcutta High Court.

Filed on June 22, the petition contested the legality of the Singur Land Rehabilitation and Development Act, 2011 and sought status quo ante as on June 20 as well as “injunction” to enforce the Act.

With the Tatas completing its submissions in favour of the petition, the courtroom today saw legal fireworks by a panel of state counsels challenging the legal merit in Tatas' petition.

Taking a cue from the Advocate General, Mr Anindya Mitra's argument that the company in its petition has challenged the Singur Land Rehabilitation and Development Bill, 2011 (which later became an Act), Mr Shaktinath Mukherjee pleaded that the court should not entertain the petition as it would be an “encroachment into the exclusive domain of legislature”.

Mr Mukherjee was pleading on behalf of the State Land and Land Reforms Department.

According to him, in its petition the auto-major claimed that it was “dispossessed”. However, according to him, the company in its prayer did not seek the “recovery of possession” which was mandatory to seek an injunction or interim order.

“By doing so Tata Motors has made its petition not maintainable,” he added.

The State Government has also pointed out that the lease granted to the company was specifically for manufacturing the small car within three years from 2007. Naturally, when the company confirmed its decision to relocate the project in October 2008 and thereafter, “terms of the lease” had become “valueless”.

Mr Mitra, had previously questioned the intention of the company in keeping the land in its (Tatas') control even after relocating the project, for which land was allotted.

Mr Mukherjee said that the Tamil Nadu Government had already brought in amendments in land acquisition Act to return acquired land on a “case-to-case basis”.

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