GANESH CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The two petitioners are residents of Singur, in the district of Hooghly. They claim to be members of the Krishi Banchao Committee, consisting of the people of Singur who have been protesting the action of the State Govt. in acquiring agricultural lands in Singur for the purpose of setting up of TATA Small Car Project'. They have approached this Court in its Writ Jurisdiction questioning the validity and/or propriety of a prohibitory order under Section 144 of the Code of Criminal Procedure (hereafter the Code) promulgated by the Sub-Divisional Magistrate, Chandernagore, respondent No. 3 herein, on 4.2.07 to be effective till midnight of 14.2.07.

(2.) Before adverting to the contents of the impugned order and the rival submissions advanced at the Bar, certain facts may be noted.

(3.) By notification dated 21.7.06 the Collector, Hooghly had issued notification under Section 4 of the Land Acquisition Act, 1894 (hereafter the said Act) conveying that lands as mentioned in the Schedule therein (being lands in different mouzas within Singur Police Station) were needed to be taken at the public expense for a public purpose, viz. employment generation and socio economic development of the area by setting up TATA Small Car Project and accordingly, inter alia, objections were called for from owners of the lands in question. Thereafter it appears that declaration in terms Section 6 of the said Act was published on 28.9.06. Since the lands to be acquired for the TATA Small Car Project were predominantly agricultural lands, there has been widespread violence in the district of Hooghly leading to loss of human lives and damage to property. The political parties of the State are at loggerheads on this issue, - while the ruling party is in favour of acquisition of agricultural lands for setting up industrial projects, the opposition are against it totally. This apparent conflict is yet to be resolved. It, however, appears that to diffuse the tension prevailing in the locality and to prevent further loss of life and damage to property, prohibitory orders under Section 144 of the Code have been promulgated for the area under Singur Police Station between 30.11.06 and 20.12.06, 20.12.06 and 30.12.06, 30.12.06 and 20.1.07, 20.1.07 and 28.1.07. The impugned order is the 5th in the series of prohibitory orders issued under Section 144 of the Code in respect of the area under Singur Police Station.