After the verdict

Singur Revisited
Nityananda Ghosh

Singur is slowly by but steadily fading from public memory. Political stakeholders, particularly the ruling Trinamul Congress (TMC) and its civic society allies including a few NGOs with naxalite tag look reluctant to break the impasse created by the Calcutta High Court judgement against the peasants. With the division bench of Calcutta High Court declaring the Singur Land Rehabilitation and Development Act, 2011, as illegal and unconstitutional, it is now back to square one for the unwilling farmers who refused to part with their land measuring 400 acres, despite massive repression by the police of the erstwhile Left Front Government and CPM goons. After the June 22, 2012 verdict of Calcutta High Court, it seems, for the unwilling peasants it is next to impossible to get back land through legal channels in the foreseeable future. After the judgement many small parties and groups visited Singur, apparently with the avowed objective of expressing solidarity with the beleaguered peasants but the people of Singur in general were not enthusiastic enough to join their rallies and meetings. They look a bit frustrated these days. The verdict sees merit in the argument of lawyers engaged by the Tatas : ‘‘If this basis [the government act] is accepted as valid classification, ...a few unwilling [or even willing] owners or a political / third party without any lawful basis or right (could) get hold of sufficient number of persons to sit on land and stall the project or a scheme conceived in public interest, the state cannot reward such persons by enacting a law to return the validly acquired land (judicially declared or not) which is a dangerous precedent and can strike at the root of any developmental work.’’ In truth the verdict upheld the position that once acquisition had been given way to be valid, the land was vested in the state, and previous rights and titles stood ‘terminated’.

Strangely enough, forcible acquisition of land from farmers and handing it over to corporate houses like Tatas is regarded as ‘public purpose’ but the same cannot be returned to the farmers who were victimised in the first place, because the move doesn’t come under the purview of ‘public purpose’. This archaic British Law continues to rule the roost. Meanwhile, the state government may heave a sigh of relief after the stay order issued by the apex court. But the situation remains as volatile as it was before the verdict.

As expected the general mood in Singur is hopelessness as the people see no light at the end of the tunnel. This correspondent interviewed a number of people who suffered during the Singur agitation only to discover that they were giving up hope to get back what they have lost—land.

Sobha Khanra, a housewife of North Bajemalia of Singur did not take cheque. She is one of the unwilling peasants who refused to sell land. Khanra says, ‘‘If the government cannot return our land due to legal niceties, we might as well grab it by force’’. But Paromita Das, whose family lost four bighas to Nano Car Project and was severely beaten up by the police in 2006 for resisting the Left Government’s forcible land acquisition, was not so sure. Now she works as a domestic help in Kolkata while her husband toils as a daily wage labourer. They returned to Ghospara after the change hoping that Mamata Banerjee would return their land. As things are they look totally exhausted and dejected as well. Gopal Maitra and his wife Renuka Maitra who have lost one and a half bigha of land, think the adhoc allowance of Rs 1000 (later it was raised to Rs 2000/-) to be given to each family of land losers, is too inadequate to meet both ends because of mounting inflation.

In her facebook, Mamata Banerjee went rather philosophical after the High Court verdict : ‘‘I have no comments to offer on Singur verdict. Throughout my life, I have struggled for the cause of the farmers, working class, poor and under-privileged. Our commitment to be with them whether I am in power or not. I will continue to fight for this cause. Finally, the people’s choice in democracy will prevail’’.

But the ground reality in Singur today tells a different story—a gloom looms large. On September 24, Mamata Banerjee’s partymen observed the Singur Day, hopefully, not to allow the Singur spirit drifting into oblivion. After all Singur ushered in change in governance in Bengal. So said the convenor of Singur Krishi Jami Bachao Committee and a Trinamul MLA from Haripal.

The court verdict seems to have pleased the CPM—the party that will go down in history as the face of social fascism in the Indian context. Mr Surya Kanta Kishra, in his reaction to the court verdict, said, ‘‘We were for industry in Singur. But we were defeated. TMC has got mandate of the people. In such a situation we did not oppose the move to return land if that was possible. We repeatedly told the government a year ago when the Bill was moved, that proper legal method was necessary. We told the government that their hasty effort would come into conflict with the Central Law. There was no provision of differentiation between willing and unwilling farmers. It was better to add an extra clause to the Central Law, like Tamilnadu did. But the Chief Minister was not in the habit of listening to any advice. She thought her words were law. It is the State Government which created the impasse’’.

It seems the Misras are realising the reality late. Better late than never! How the Singur tangle will be resolved is anybody’s guess. A fact-sheet on ‘Singur’ may be illuminating as many people are forgetting many things. For all practical purposes Mamata Banerjee’s government is in a bind. They cannot keep their promise made before the crucial 2011 Assembly Elections. Nor could they bypass the law. They are trapped by their own short-sightedness and arrogance as well.

Singur conflict at a glance

Date Incidents
May 18, 2006  On the swearing in ceremony Buddhadev Bhattacharya (then CM of West Bengal) and Ratan Tata announce Nano Project.
May 25, 2006 Massive demonstration launched against forcible land acquisition.
June 27, 2006 Land acquisition started through serving Government’s notice.
Sept 20, 2006 One thousand acres of land vests with Government of West Bengal.
Dec 1, 2006 Mamata Banerjee (then the main opposition leader of state) starts indefinite hunger-strike at Metro Channel, Esplanade to take back Singur land to the farmers.
Dec 3, 2006 Mamata Banerjee (then the main opposition leader of state) starts indefinite hunger-strike at Metro Channel, Esplanade to take back Singur land to the farmers.
Dec 28, 2006 Mamata Banerjee ends 25-day-long hunger strike.
March 9, 2007 Tata Motors gets possession of Singur land.
Jan 10, 2008 Nano unveiled at New Delhi Auto Show.
Jan 18, 2008 Honourable Calcutta High Court approved Land Acquisition at Singur.
Aug 22, 2008 Ratan Tata declares pulling out of project if violence continues.
Aug 24, 2008 Trimamul Congress starts demonstration at the site of Nano Project occupying Durgapur Expressway for a few days.
Sept 7, 2008 Buddhababu and Mamata Banerjee meet at Governor’s House (Raj Bhavan) in presence of Governor. The meet was initiated by the Governor.
Sep 12, 2008            They meet again at the Information Centre, Calcutta but Mamata Banerjee walks out amidst discussion.
Oct 3, 2008 Ratan Tata pulls out.
May 13, 2011 TMC alliance sweeps Bengal Assembly Poll.
May 20, 2011 After taking oath TMC alliance ministry at is first Cabinet Meeting CM Mamata Banerjee declares to return 400 acres of Singur land to the farmers.
June 9, 2011 CM Mamata Banerjee announces ordinance to give back Singur land to the farmers.
June 21, 2011 TMC alliance government vests Singur plot.
June 22, 2011 Tata Motors challenges Singur Act in Calcutta High Court ; seeks stay on Government Order.
June 27, 2011 Honourable Calcutta High Court refused to grant stay ; Tata decides to move Supreme Court.
June 28, 2011 Land survey begins in the morning ; plot papers handed over in the evening.
June 29, 2011 Honourable Supreme Court directed West Bengal State Government not to return land to the farmers in Singur.
June 22, 2012 Singur blow to Mamata Banerjee. Honourable Calcutta High Court Division Bench declared Singur Land Rehabilitation and Development Act, 2011 as illegal and unconstitutional. Tata appealed against the act earlier.
   
   

Case History of Singur land acquisition

Date Incidents
June 14, 2011 Assembly passed Singur Land Rehabilitation and Development Act, 2011.
June 20, 2011 Gazette directives of this Act being published.
June 21, 2011 The State Government took possession of Singur Land.
June 22, 2011

Tata Motors suits case ascribing the act as illegal.

June 29, 2011 Supreme Court advises Calcutta High Court to settle the case immediately.
July 15, 2011 Hearing starts under Justice Saumitra Pal’s custody.
July 26, 2011 Soumitra Pal escaped with personal reasons.
July 28, 2011 Hearing again started under the custody of Justice Indraprasanna Mukhopadhyay.
Sept 16, 2011 Question and Answers being completed.
Sep 28, 2011  Verdict goes in favour of the act describing it as legal and constitutional. In the verdict the Judge declares to provide compensation to Tata.
Nov 1, 2011 Tata challenges the verdict. Hearing starts in the Division Bench of Calcutta High Court.
June 22, 2012  Calcutta High Court gives verdict declaring its Singur Land Rehabilitation and Development Act, 2011 as illegal and unconstitutional.

Frontier
Vol. 45, No. 13, Oct 7-13, 2012

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