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www.thesynergyonline.com/legalnews.htm |
THURSDAY JUNE 30 2011 |
Thesynergyonline Legal Bureau
MUMBAI, JUNE 29 :
THE Supreme Court on Wednesday provided interim protection to the rights of Tata Motors till disposal of the main matters pending before the Calcutta High Court on the land earmarked for the Tata Motors’ integrated project at Singur.
The order was passed on a Special Leave Petition (SLP) by Tata Motors to stay distribution of land till the Calcutta High Court has disposed of the main matters. Tata Motors appealed to the Supreme Court that the position on the ground should not be irretrievably changed when the main matters are pending before the Calcutta High Court.
“As an interim arrangement, we direct the State not to return the land to the unwilling owners until further orders being passed by the High Court,” the Supreme Court said “taking note of the apprehensions expressed by the petitioners”.
The Supreme Court said, “Considering the fact that the petitioners have approached the High Court challenging the action of the State and inasmuch as the main issue is pending before the High Court, we are not inclined to interfere at this stage.”
The Supreme Court added, “All the parties are directed to co-operate with the High Court for early decision in the main matters. In view of the urgency expressed by all the parties, we request the High Court to dispose of the main matters as early as possible preferably within a period of one month.”
Tata Motors had appealed on June 24 to the Advocate General of West Bengal, that the government should not proceed with any action on the Singur plot in view of the ongoing hearing on the company’s main matters on The Singur Land Rehabilitation & Development Act 2011.
During the hearing on the main matters on June 24, the Tata Motors’ counsel, in the light of media reports of distribution of land, had requested the Advocate General to agree that status quo as regards distribution of land be maintained in view of the ongoing hearing. In response, the Advocate General had said while it was not possible for him to respond right away, he would think it over the weekend and communicate during the next hearing.
One June 27 (Monday), however, the Advocate General informed the Calcutta High Court that the state government was unable to accept the proposal of Tata Motors.
The Singur Land Rehabilitation & Development Act 2011 charges Tata Motors with non-commissioning of the plant and abandonment, and takes away its rights to the land without providing for a reasonable compensation, despite the company having made a huge investment of over Rs.1800 crores in the plant. All the equipment had been installed and trial production had begun. In fact, about 15 to 20 cars were ready for roll-out.
Besides, in keeping with the tradition of the Tata Group, Tata Motors began a comprehensive community development programme in Singur in December 2006, even before the plant’s construction began, comprising development of employability / self-employment of the community, health and education. Eventually, about 767 individuals were trained. About 102 health clinics were run treating over 17,000 patients till the activity was forcibly stopped. Adjacent schools were supported with necessary infrastructure. Men and women in the area were supported to acquire means of self-employment.
But the state government failed to ensure a safe and congenial environment which forced the company to shift the project. Having failed to provide what was an essential condition for the operation of the plant, the state government cannot charge the company with non-commissioning and abandonment and take away its rights, as enshrined in the lease agreement between the company and the West Bengal Industrial Development Corporation (WBIDC).
Similarly, 13 vendors had constructed plant buildings, 17 others were at various stages of construction and balance 24 vendors were at various stages of obtaining different approvals before commencing construction. The Act completely ignores their losses.
The Act seeks to legalise force and taking advantage of the same, the State by a midnight operation using police force dispossessed the security guards from the plant site and trespassed into it.
The Act appoints the District Judge of Hooghly as the adjudicator for determining the compensation, without any guidelines or parameters, on the basis of which the compensation would be decided. It gives an unguided delegation of powers to the District Judge Hooghly in clear derogation of the Constitution of India.
Thesynergyonline Legal Bureau
NEW
DELHI, FEBRUARY 15 :
THE ability of emerging economies to be a partner
in shaping the new international order in the 21st century will be determined
to a large extent by the choices they make with respect to their systems of governance
as well as the legal and institutional structures they devise for enforcing the
rule of law, said the Prime Minister, Dr. Manmohan Singh, in his inaugural address
at the 17th Commonwealth Law Conference at Hyderabad today.
The
theme of this conference “Emerging Economies – Rule of Law: Challenges
and Opportunities” is specially relevant today when a new global architecture
is taking place and there is restlessness in the air in many developing countries,
he said.
.
While the policy preferences that countries make are invariably
rooted in the realities of their history, politics and culture, the fact of globalization
and the challenges that the world community faces as a whole demand a purposive
alignment of domestic policies and laws with the evolving international laws and
norms, he added.
This is necessary to address common challenges facing the humanity as a whole. There include international terrorism, poverty, malnutrition, amidst rapid growth, protection of human rights, climate change, energy security and I could go on. Indeed, the rule of law can no longer be divorced from “global policy languages”. The twin challenges of fostering law bound states and law based international environment will I hope, engage the attention of this august assembly, he said.
Meaningful solutions to the problem of mass poverty that prevails in many developing counties can be found only in the framework of a rapidly expanding economy. Rapid economic growth therefore is a prime necessity, he added.
To that end, it is necessary to create a macro-economic environment which is conducive to the promotion of savings, investment, entrepreneurship, innovation and the management of rapid technological changes. A sound legal system based on the rule of law and effective and speedy contract enforcement are the major determinant of a favourable macro economic environment that I have been talking about.
At the same time, it is also necessary to ensure and this with point Chief Justice of India made that the fruits of development are distributed equitably. Thus developing countries need a legal system which is conducive both to rapid economic development and which also has a built in mechanism to promote an equitable distribution of gains from development, Dr Singh added.
Our government stands committed to the pursuit of what the Chief Justice described as the inclusive economic growth. The welfare of the poor and the common man is the centre – piece of our policies. In this national endeavour we are inspired by the vision of the father of our nation Mahatma Gandhi and India’s first Prime Minister Jawaharlal Nehru.
The story of India’s economic growth story remains firmly anchored in the Nehruvian vision of an egalitarian society. Our Constitution enumerates the Fundamental Rights of citizens and the Directive Principles of State Policy, which, through judicial interpretation are now read together to reinforce each other.
The Indian experience of ensuring unity of its people amidst diversity could be of use to many other countries that face the challenge of establishing a national identity in spite of cultural and religious diversities in their societies.
This can be done by repudiating extreme positions, by giving enhanced choices to the people and by making use of the capacity of democracy to accommodate diversity and differences.
Secularism is a vehicle for managing plurality and is directly linked to federalism, another constitutional vehicle for managing plurality, multiplicity and diversity. Federalism operates as a safety valve for dissent, for discomfort and for dissatisfaction, channeling them into more manageable outlets within the constitutional structure.
Over the last sixty years, our quasi federal structure has become increasingly more federal and more decentralized, not only through linguistic federalism, active judicial review by the apex court and the establishment of Panchayati Raj but also through fiscal federalism and the growth of regional political parties, and indeed, by national and regional coalitions.
Constitutional democracy with an unwavering commitment to the rule of law seems to me the best choice for emerging economies which seek justice - political, economic and social-for all. Considering the reality and scale of conflict, deprivation and exploitation that affect the lives of millions and millions of people in the developing countries, they need to take bold and imaginative measures to pursue the path of development with social economic growth and to pursue the path of development with a human face.
That the rule of law is an instrument of progressive change, social and political stability and economic development has been decisively demonstrated in countries which have embraced its spirit in their institutions.
The unparalleled creation of wealth in recent times is owed substantially to various legal protection norms and instruments governing business organizations, corporations, tradeable assets, labour contracts, workers associations, venture capital, insurance and protection of intellectual property rights.
In
a fast changing world, the legal order must constantly adapt itself to change.
That is the only way it can retain its relevance. In this context, the role of
courts and judges in making law an instrument of social stability and progressive
change cannot be over emphasized.
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