The Chandigarh, Punjab and Haryana High Court has admitted that Punjab’s land pooling policy has been hasty and concerns, including social impact evaluation and environmental impact assessment, should have been addressed before its notification.
A division bench by Justice Anupandar Singh Grewal and Deepak Manchanda on Thursday ordered an interim migration on the operation of A government’s land pooling policy for four weeks.
A directive came on a petition filed by Gurdeep Singh Gill, challenging the Punjab government’s land pooling policy 2025. The court has decided on September 10 as the next date of hearing.
In a detailed order, which was issued on Saturday, the court stated that the Land Acquisition Act, 2013 has acquired multi-cut land and such acquisitions are acceptable only in extraordinary conditions.
The Division bench said, “We can hurry to add that the land that is demanded to be acquired is one of the most fertile land in the state of Punjab and it is possible that it can affect social milestones.”
Ludhiana-based petitioner Gill sought guidelines to abolish the notification of the State Government, violating the fundamental rights, an act of ultra virus and “colourable law”, with the land pooling policy 2025.
“We are Prima Facial, also note that the policy notification in haste and all concerns including social impact assessment, environmental impact evaluation, deadline and redressal complaint system should have been addressed in the policy very initial, before its notification.
At this stage, the Advocate General and Senior Advocate present for the state of Punjab said that all the concerns of the court would be addressed till the next date of hearing and want some time in this regard.
As an interim remedy, it is not that any right is created, the land pooling policy notified on 2025 May and 6 June, revised on 2025 and later on 25 July, “Read the court order.
The order stated, “After listening to the submission of all the parties, this court is of the opinion that the state has proposed to operate thousands of acres of fertile land in the entire state of Punjab to complete its proposed development work, without any social impact evaluation or study of an environmental impact assessment, although a stand will be taken later when they will report about the information.”
The court said that it has been organized by the Supreme Court in several cases that before allowing urban development, the state should assess an environmental impact.
The bench said that it is also clear that no deadline has been set and no mechanism has been provided which will address the complaints of the affected persons.
“Payment of subsistence allowance has been provided to the landowners, but there is no provision for the rehabilitation of those landless laborers, artisans and others who are dependent on the land.”
It has also been presented before this court that the statutory bodies of the state will develop land themselves, but no budgetary provisions have been shown and nothing has been done before this court to indicate that the state has enough resources to finance the development project under the policy.
Referring to the presentations of Amicus Curia, the court said that it has come in several examples, in which the owners have surrendered their land to the State Development Authority under the first land pooling policy, but the developed plots have not been allocated even after 10 years.
In response to the query of the court about any provision for rehabilitation of landless laborers, artisans, MGNREGA workers and other businesses in villages, the lawyer appearing for the Punjab state presented that whatever concerns need to address concerns will be seen in a suitable phase by the government.
No private builder will be allocated land for any developmental activities and development will be done by the state’s statutory bodies, the lawyer presented.
Amicus Curia informed the court that the cost for such development project will be in the surrounding area 1.25 crore per acre, and given that about 7,806 acres of land measuring land is to be taken by the state government in Ludhiana district alone, almost one budget 10,000 crore will have to be allocated for development in a district alone.
The court asked about any budgetary allocation made for the proposed development project, which is to be done as per the said policy, the senior advocate presented that he had no instructions.
The petition was filed through the counsles Gurjit Singh, Manan Khetate and Manat Kaur, said that the land pooling policy was placed under the right to fair compensation and there was no provision for a provision and development in the Land Acquisition, Rehabilitation and Rehabilitation Act, 2013.
“No such social impact assessment report was either prepared or published, in addition to the provisions of the law, in addition, none of the gram panchayats or gram sabhas were not contacted or consulted by the respondents before bringing the land pooling policy 2025 by the respondents, which is clear to clarify the compulsory provisions under the right of fair compensation and transparency.”
A government is facing flying from opposition parties and various peasant bodies, which has “looted” its land pooling policy to “loot” the farmers of their fertile land.
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