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 land in the State Government is illegal, null and void in so far as the land having already vested in the State Government as a result of proceedings taken under the Land Acquisition Act, 1894, therefore, the same cannot be re-vested with the State Government.

4. It is further stated that once the land has been acquired by the State Government for public purpose and vested in State Government under the Land Acquisition Act, 1894 the same cannot be returned to the land owners, at the cost of the petitioners. The said Act of 2011 fails to provide any basis or method of compensating the petitioners. The said impugned Act is repugnant to the relevant Acquisition Act and is, therefore, void.

5. The back ground of this case started in the year in or around 2006 when the Government of West Bengal was trying to invite the Tatas to set up an establishment for the manufacturing their small car ‘Nano’ in West Bengal.

6. It appears that the Tatas were being similarly requested by some other States in the country to set up the industry and offered them many incentives and concessions. The Tatas were willing to consider investment in West Bengal provided its government was able to outmatch these benefits. It appears that the Government was able to convince them that they would make available to them comparable if not better incentives, concessions and exemptions. The Tatas did decide to manufacture this small car here. They announced to the world that the manufactured car would be cleared from the Singur factory in District Hooghly in October, 2008. The government promised them land at this place for setting up the said project. In 2006, it appears that the proposal for providing this land was approved by the cabinet in its meeting held on 31st May, 2006. By his letter dated 6th July, 2006, the Joint Secretary to the Government of West Bengal wrote to the West Bengal Industrial Development Corporation (hereinafter referred to as ‘WBIDC’), the fourth respondent, the District Magistrate being the fifth respondent and the Land and Land Revenue Department being the third respondent to initiate acquisition proceedings.

7. Accordingly, Collector issued notices under Section 4 of the Land Acquisition Act, 1894. It appears from the fact that the notices were issued on different dates. Apparently, it appears that Section 4 notices were issued and gazetted more or less between 13th July, 2006 and 24th July, 2006.

8. In terms of such process undertaken on behalf of the respondent authorities, State, 997.11 acres of land were acquired. On 23rd September, 2006 and on 25th September, 2006 Awards of compensation were made by the Collector. On 4th October, 2006 land was handed over to the fourth respondent, WBIDC. Out of the said land 1.75 acres were set apart for setting up a power