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2012 Supreme(Cal) 533

PINAKI CHANDRA GHOSE, MRINAL KANTI CHAUDHURI
Tata Motors Limited – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocate Appeared:
For the Appellant :Samaraditya Pal, Siddhartha Mitra, S.K. Kapoor, Bikash Ranjan Bhattacharjee, Senior Advocates, Ms. Vineeta Mehria, S. Dutta, Ravi Kapoor, Arindam Chandra, Atish Ghosh, Advocates. For the State:Anindya Kumar Mitra, Ld. Advocate General, S1 - Abhrotosh Majumdar, Advocates.
For the Respondent:Kalyan Bandyopadhyay, R3 - Saktinath Mukherjee, Senior Advocates. R2 & R4 - Sirsanya Bandopadhyay, Sakyo Sen, Poritosh Sinha, R5, R6 & R7 - Ashok Banerjee, Learned Government Pleader, Suman Sengupta, Advocates.

Judgment :

1. This appeal is directed against a judgment and/or order dated 28th September, 2011. The appellants have challenged the Singur Land Rehabilitation & Development Act, 2011 (hereinafter referred to as the ‘said Act’) and the rules framed thereunder before the Hon’ble Single Judge and prayed for a declaration that the said Act and all consequences following from the Act is illegal, invalid, unconstitutional and/or void. A writ of certiorari is prayed for calling upon the Respondents to produce all Records including documents and/or decision of and/or Records of State Government in connection therewith.

2. The grounds for assailing the said Act the writ petitioner put forwarded the grounds are that the said Act of 2011 is a colourable piece of legislation and constitutes a fraud on the Constitution of India and violates the rights guaranteed to the petitioners under Articles 14 and 300A of the Constitution of India.

3. It is further stated that the said Act of 2011 is in pith and substance an Act for acquiring the land leased out to the company. The further questions that were taken in the writ petition are that the said Act of 2011 in so far as it provides for vesting of the






























































































































































































































































































































































































































































































































































































































































































































































































































































































































































































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