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Supreme Court - Daily Orders

State Of West Bengal vs Tata Motors Ltd . on 11 May, 2016

Bench: V. Gopala Gowda, Arun Mishra

       S.L.P.(C) No. 23843/2012 etc.             1


       ITEM NO. 25 (PH)                    COURT NO.9                  SECTION XVI

                                 S U P R E M E C O U R T O F      I N D I A
                                         RECORD OF PROCEEDINGS

       Petition(s) for Special Leave to Appeal (C)               No(s).   23843/2012

       (Arising out of impugned final judgment and order dated 22/06/2012
       in AST No. 1862/2011 passed by the High Court of Calcutta)

       STATE OF WEST BENGAL AND ORS                                    Petitioner(s)

                                                  VERSUS

       TATA MOTORS LTD AND ORS.                           Respondent(s)
       (With appln. (s) for impleadment as party respondent and permission
       to file synopsis and list of dates and interim relief and office
       report) (For Final Disposal)
       WITH
       SLP(C) No. 8463/2008
       (With appln.(s) for directions and Interim Relief and Office
       Report)

       SLP(C) No. 10731/2008
       (With Interim Relief and Office Report)

       SLP(C) No. 11783/2008
       (With Interim Relief and Office Report)

       SLP(C) No. 11830/2008
       (With Interim Relief and Office Report)

       SLP(C) No. 12360/2008
       (With Interim Relief and Office Report)

       SLP(C) No. 12724/2008
       (With Interim Relief and Office Report)

       S.L.P.(C)...CC No. 13645/2008
       (With appln(s). for c/delay in filing SLP and Office Report)

       SLP(C) No. 22491/2008
       (With Office Report)

       SLP(C) No. 24269/2012
       (With appln.(s) for permission to file synopsis and list of dates
Signature Not Verified


       and Interim Relief and Office Report)
Digitally signed by
SUSHIL KUMAR
RAKHEJA
Date: 2016.05.12
12:14:06 IST
Reason:


       SLP(C) Nos. 1881-1911/2013
       (With appln.(s) for c/delay in filing SLP and amendment of cause
       title and and Office Report)
S.L.P.(C) No. 23843/2012 etc.               2



Date : 11/05/2016 These petitions were called on for hearing today.

CORAM :         HON'BLE MR. JUSTICE V. GOPALA GOWDA
                HON'BLE MR. JUSTICE ARUN MISHRA

For Petitioner(s)               Mr.   Rakesh Dwivedi, Sr. Adv.
(State of W.B.)                 Mr.   Soumitra G. Chaudhuri, Adv.
                                Mr.   Abhrotosh Majumdar, Adv.
                                Mr.   Gaurav Ghosh, Adv.
                                Mr.   Parijat Sinha, AOR

SC 8463/2008                    Mr. Santi Ranjan Das, Adv.
                                Mrs Sarla Chandra, AOR

SC 10731/2008                   Dr.   M.P. Raju, Adv.
                                Mr.   James P. Thomas, Adv.
                                Ms.   Mary Scaria, Adv.
                                Mr.   Ashwani Bhardwaj, AOR

SC 11783/2008,                  Mr. Kalyan Kumar Bandopadhyay, Sr. Adv.
SC 11830/2008 &                 Mr. Anip Sachthey, AOR
SC 12360/2008                   Mr. Mohit Paul, Adv.

SC 12724/2008                   Mr. Colin Gonsalves, Sr. Adv.
                                Ms. Paroma Banerjee,
                                Ms. Jyoti Mendiratta, AOR

SLP(C)..CC13645/08              Mr. Prashant Bhushan, AOR
                                Mr. Pranav Sachdeva, Adv.
                                Mr. O. Kuttan, Adv.

SC 22491/2008                   Mr. Dharam Bir Raj Vohra, AOR

SC 24269/2012                   Mr. K. Parasaran, Sr. Adv.
                                Ms. Reshmi Rea Sinha, AOR
                                Mr. Parijat Sinha, Adv.

SC 1881-1911/2013               Mr.   Joydeep Mazumdar, Adv.
                                Mr.   Parijat Sinha, Adv.
                                Ms.   Reshmi Rea Sinha, Adv.
                                Mr.   Avijit Bhattacharjee, AOR

For Respondent(s)               Mr. Rauf Rahim, AOR
(applicant)
                                Dr.   A.M. Singhvi, Sr. Adv.
                                Mr.   Gopal Jain, Sr. Adv.
                                Mr.   Siddharth Mitra, Sr. Adv.
                                Mr.   R.N. Karanjawala, Adv.
                                Ms.   Nandini Gore, Adv.
                                Mr.   Abhishek Ray, Adv.
S.L.P.(C) No. 23843/2012 etc.                   3

                                  Ms. Tahira Karanjawala, Adv.
                                  Mr. Arjun Sharma, Adv.
                                  Ms. Devina Sehgal, Adv.
                                  Mrs. Manik Karanjawala, Adv.
                                  Mr. Sidharth Sharma, Adv.
                                  Mr. Amit Bhandari, Adv.
                                  for Karanjawala & Co.,Advs.

                                      Mr. Sunil Kumar Verma,AOR

                                  Mr. Abhijit Sengupta, AOR

                                  Mr. Avijit Bhattacharjee, AOR

                                  Mr.    Joydeep Mazumdar, Adv.
                                  Ms.    Reshmi Rea Sinha, Adv.
                                  Mr.    Mrinal Kanti Mandal, Adv.
                                  Mr.    S.C. Ghosh, Adv.
                                  Mr.    Soumik Ghosal, Adv.
                                  Mr.    Parijat Sinha, AOR


                 UPON hearing the counsel the Court made the following
                                    O R D E R

S.L.P.(C) No. 23843/2012, S.L.P.(C) No. 24269/2012 and S.L.P.(C) Nos. 1881-1911/2013 are detagged. List these special leave petitions after the pronouncement of judgment in rest of the matters in this batch of cases.

Heard further submissions of Mr. K. Parasaran, learned senior counsel for the West Bengal Industrial Development Corporation, Mr. Rakesh Dwivedi, learned senior counsel appearing for the State of West Bengal, Mr. Prashant Bhushan, learned counsel for the petitioner in S.L.P... CC No. 13645/2008. Also heard the additional/clarificatory submissions of Dr. Abhishek Manu Singhvi, learned senior counsel for the respondent – Tata Motors Ltd. He is permitted to file revised written submissions, as prayed, within two days.

S.L.P.(C) No. 23843/2012 etc. 4

File containing the Cabinet decision was shown to us at the time of hearing of these petitions. Learned counsel appearing on behalf of the State Government is directed to produce the file in relation to acquisition and also the approval/decision taken by the Government on the basis of the Reports submitted under Section 5A of the Land Acquisition Act, 1894, by the Collector with proper index and pagination and file in relation to other Cabinet decisions regarding the acquisition of the land in question by Friday, the 13.05.2016.

Learned counsel appearing on behalf of the State is further directed to furnish a statement by some responsible Officer along with affidavit, by 13.05.2016, to the effect that all other Awards in relation to the respective/concerned land owners are similar to the model/composite award furnished to us in some of the Land Acquisition cases.

The Special Leave Petitions are reserved for judgment.

        (S. K. RAKHEJA)                                        (MALA KUMARI SHARMA)
          COURT MASTER                                             COURT MASTER