I.P.MUKERJI

1. TWO writ applications preferred by Tata Motors Limited (hereinafter referred to as the Tatas) were heard by me between 28th July, 2011 and 16th September, 2011, when hearing was concluded. One challenges the constitutionality of the Singur Land Rehabilitation and Development Act, 2011, hereafter the impugned Act and the action of the State thereunder; the other, the Singur Land Rehabilitation and Development Rules, 2011, framed under it.

2. The history before institution of this litigation is of paramount importance. I will try to recount the events, which finally led to this contested litigation. In and around 2006, the Government of West Bengal was trying to invite the Tatas to set up an establishment for the manufacture of their conceived small car Nano. The Tatas, it seems to me, were being similarly entreated by some other states in the country, to set up the industry there. One of such states was Uttarakhand. It 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. I have no doubt, in my mind, that the government was able to convince them th