Singur case: Compensation need not be determined before land possession, says Govt

The West Bengal Government on Tuesday argued before the Calcutta High Court that prior determination of compensation before taking over possession of land was not a Constitutional requirement. Citing provisions of the Land Acquisition Act, 1894, Mr Shaktinath Mukherjee, counsel for State Land and Land Reforms Department, said that the Act required the provision of an award for compensation and not its payment before the State took possession of land. He was arguing on the Tata Motors petition challenging the constitutional validity of the Singur Land Rehabilitation and Development Act, 2011. He also cited other laws on acquisition where even the determination of compensation was not required before taking over possession. “Prior determination for payment of compensation is not a Constitutional requirement,” he said. Mr Mukherjee also contested the auto major's allegation that the Singur Act was conceived to discriminate against a single company. He pointed out that “a legislation referring to one person or one property is not a violation of the Constitution.”