A bench of justices HL Dattu and CK Prasad, however, said that the Calcutta High Court's interim order which had stated that the state need not part with the land for two months to allow it to file its appeal, would continue. The West Bengal government had moved the apex court against the High Court order, which had struck down the Singur Land Acquisition Act that allowed the state government to reclaim 400 acres of land given to Tata Motors. In its appeal, filed through advocate Abhijit Sen Gupta, the state government had said the High Court has erred in quashing the Act.
The High Court had on Jun 22 ruled that the legislation enacted by the West Bengal government to recover the land leased to Tata Motors in Singur for its Nano small car project was constitutionally invalid.
The Singur Land Rehabilitation and Development Act 2011 had sought to empower the state government to take back 400 acres of land given to Tata Motors for its car project. The court, on an appeal by Tata Motors Ltd, had observed that the President's assent had not been taken for the Act and as such it was void and unconstitutional. The implementation of the order was, however, stayed for two months by the division bench of the High Court to allow the aggrieved party to file an appeal in the Supreme Court. The division bench had set aside the order of a single judge which had held the Act to be constitutional.