Meanwhile, preparations are in full swing for giving back 400 acres out of 997 acres, the LFG was committed to lease out to the TML as this part of the proposed acquisition of the land belonged to ryots who were unwilling to sell their land. Former IAS officer Dipak Kumar Ghosh, who was an MLA as a nominee of the All India Trinamool Congress from Mahisadal for two consecutive terms categorically told a meeting few months after the 15th Lok Sabha elections in 2009 that the very first cabinet decision of AITC-led government would be return of those 400 acres to farmers. “As the district magistrate of undivided Midnapur, I oversaw land acquisition first for the Kolaghat Thermal Power Plant and then for the Haldia Petrochemical project and have enough acquaintance with the legal procedures. The very first cabinet decision of the government after it will be formed in May 2011 would be return of those 400 acres to the unwilling land owners”.

Ghosh explained how the entire procedure of return of 400 acres would be done. “First, the reasons for acquisition of 997 acres, stated in the notification by the LF government in 2007 were ‘socio-economic development’ and ‘employment’ but these are exterior to the specific reasons under the connotation ‘public purpose’ in the Land Acquisition Act,1894. Hence it is tantamount to be ab initio void. Moreover, keeping the land unutilised for over three years is improper and hence, the lease deal can be cancelled.”

Chief Minister Mamata Banerjee has on tactical grounds softened her stand towards the Tatas and said, “The Tatas can set up a factory in the 600 acres if they wish”, but is yet to budge an inch on disclosure of the agreement which the erstwhile commerce & industry minister Nirupam Sen, a polit bureau member of CPI(M), declined to reveal arguing that “it’s a trade secret”.

Controversy surrounds on return of the acquired land. The LF chairman Biman Bose, former CM Buddhadeb Bhattacharjee, septuagenarian peasant leader Benoy Konar and everyone of CPI(M) brass at state CPI(M) headquarters , Muzaffar Ahmed Bhavan, repeatedly said that return of those lands is not possible. But the erstwhile land and land reforms minister Abdur Rezzak Mollah time and again said – repeated outside the Vidhan Sabha Bhavan, “There are clear legal provisions for giving back acquired land to the owners”.

Pranab Kumar De, formerly general secretary, West Bengal Land Reform Officers’ Association, told IPA, “It all depends on whether the authorities are willing to give back any land acquired. Section 48B of LA Act is very specific about it. This needs to be incorporated through an amendment, presidential assent to it is a mere formality. Tamil Nadu government did it and it is worthy of emulation by other state governments.

Section 48B – ‘transfer of land to original owners in certain cases – reads, “Where the Government are satisfied that the land vested in the Government under this Act is not required for the purpose for which it was required or for any other public purpose, the Government may transfer such land to the original owner who is willing to repay the amount paid to him under this act for the acquisition of such land inclusive of the amount referred to….”

Tamil Nadu government applied this subsection on several occasions to return acquired land to the owners.

A recent clarification emboldens the procedure further. “Acquisition of land for release/re-conveyance of a portion of the land which was acquired - Ground that the corporation was not utilising the same - Government is bound by provisions of promissory estoppels - As per the clear mandate of Section 48 of the principal Act. No right of the landowners to apply for re-conveyance in respect of a land which had vested in the Government long ago. (ILC-2011-SC-LA-Apr-4). Former Union revenue secretary and land reform commissioner of West Bengal during the first term of LF government, D Bandyopadhyay, the real author of Operation Barga, a historic act by the LF government – the state CPI(M)’s decision for reversal of OB notwithstanding – is of the view that the government can take back the land, leased out to the Tatas. (IPA Service)