Mamata Banerjee Settle of Land Impasse

by Deepak Roy from Kolkata
June 15, 2011

http://www.weeklyblitz.net/1515/mamata-banerjee-settle-of-land-impasse

Mamata Banerjee grabbed the reign of West Bengal from Left Front after her ceaseless battle of about two decades and the core issue of the battle ground which lead her to a landslide victory in Legislative assembly election was concentrated on the issue of forcibly acquisition of farmers' cultivable land at Singur and Nandigram. Her movement against land acquisition elevated into West Bengal's chief minister's chair with over two-third majority in the poll. In her first cabinet meeting on May 20 she hurriedly announced to return 400 acres of land to those farmers at Singur, who did not accept payment after acquisition of land in March, 2007. She had also announced to declare details of the agreement signed in between Tata and Left Front government. After signing the agreement, she had several times demanded for disclosure of it but she has retreated when it was found in the agreement that details could not be divulged otherwise to face legal battle.

The past Left Front government had acquired land at Singur under the Land Acquisition Act of 1894 and asper the provision of this act, the state government can take back land from lessee if the land remains unused for an uninterrupted period of three years. After the land is taken back, it has to be auctioned off for a public purpose and cannot be returned to the original owners. The Lease Agreement with Tata for Singur was signed in March, 2007and Tatas had carried out 80 percent of the project work since then but work was suspended from October, 2008 and if the time limit count begun from the suspension of work, some more months remain for the deadline for scraping the lease agreement. Moreover, according to the agreement, a 21-months notice to be served before cancelling it.

But Mamata Banerjee in a dramatic mood announced on June 9 that state government had taken back entire 997.11 acres of land at Singur through an ordinance in order to return 400 acres to disgruntled farmers and industry will be set up on 600 acres, she had cited 'non-performance' by the Tata as the reason for the ordinance. The governor also signed the ordinance on sameday.

The promulgation of this ordinance has become 'unconstitutional' because when assembly was in session, infact after election of the speaker the assembly session was adjourned till June 24, technically assembly was in session and ordinance cannot be promulgated. Despite signed by the governor, since notification was not done the ordinance cannot become a law. When opposition Left Front raised this unconstitutional move of the government, ministers involved in making this ordinance started to transfer blame to each other, even the chief secretary of the state has categorically said that he had no knowledge about this ordinance. Mamata Banerjee had admitted her unfamiliarity of law making in the state. "I am well – versed in parliamentary norms since I have been there for long, but I am not familiar with legislative practices in the assembly and the technicalities involved", Mamata Banerjee said. Now, her government decided to convert the ordinance into a bill so the assembly has been reconvened in session on June 13 instead of June 24 as announced earlier.

It has embarrassed the governor by asking him to sign an illegal ordinance. Partha Chatterjee, Industries and commerce minister also in charge of parliamentary affairs went to 'Raj Bhabhan' (governor house) to get signed on the ordinance. It was learnt that governor was initially reluctant to sign , when Partha Chatterjee assured him that all legal matters were duly covered then governor put his signature. The Mamata Banerjee's government was keen to return land to unwilling farmers in Singur but her government's inexperience on legal matters made the issue a bit haste. It was gathered from the Writers' Building source that a retired bureaucrat very close to Mamata Banerjee who advices her regarding land acquisition matters has misguided her. The matter for return of land to farmers being taken swiftly without thinking of any legal implication. She should take such move by consulting experts; bureaucrats' advice might appear non-people oriented. People of Singur in particular and whole of West Bengal will find Mamata Banerjee's government initiative to settle the impasse, all are eager to see the outcome or implications of ordinance or bill. A lot of hurdles have to be overcome, firstly Tata likely to challenge the bill in the court or they might deem for substantial compensation for their Singur project, secondly those farmers who did not accept payment of 400 acres and their lands are scattered over the patch of entire 997.11 acres, how 400 acres land to be returned to farmers remain a big question.

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