The petition came before a vacation bench comprising justices P Sathasivam and A K Patnaik which posted the matter for hearing tomorrow. The bench accepted the plea of Tata's counsel to file the petition later in the day.
The counsel have submitted that the company is seeking a direction for the state government not to create third party interest in the land.
Calcutta High Court had yesterday refused to pass an interim stay order, its argument was that there is no specific statement when the process of land distribution would start.
Meanwhile Tata Motor lawyers' contend that the West Bengal government intends to give out Land to farmers in a day or two.
The Trinamool Congress lawmakers have distributed application forms among former landowners in Singur to whom land will be returned under the Singur Land Rehabilitation and Development Act, 2011.
According to media reports the form gives them up to 30 days to file claims. The report also estimates that nearly 900 people have submitted claims so far. And there is also a chance that some of these will be issued allotment letters on Tuesday.
Meanwhile Tata Motors is trying to get the interim order passed to maintain status-quo till the ongoing hearing on the company's petition on The Singur Land Rehabilitation & Development Act 2011 is concluded.
The Act 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 an investment of over Rs 1,800 crores in the plant.
According to the statement by the company, “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."
it also said, “About 102 health clinics were run treating over 17,000 patients till the activity was forcibly stopped. Adjacent schools were supported with necessary infrastructure."
The company points in its statement that the state government failed to ensure a safe and congenial environment which forced the company to shift the project. Therefore, since the company did not provide 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.
It goes on to state in an official statement “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."