E-Paper
HC grants interim stay on Punjab’s land-pooling policy
On August 6, the court asked the Punjab government whether there was any provision in the policy for rehabilitation of the landless labourers for their sustenance.
The Punjab and Haryana high court on Thursday ordered an interim stay on the operation of Punjab’s land-pooling policy.
The direction came on a petition filed by Gurdeep Singh Gill, challenging the Punjab government’s land-pooling policy, 2025.
After the hearing, the petitioner’s counsel, Gurjeet Singh, said the court had granted an interim stay on the policy.
“A four-week time has been given for filing the reply,” he told reporters.
The counsel said neither was any social impact assessment nor any environment-related assessment carried out under the land-pooling policy.
The Ludhiana-based petitioner sought directions to quash the state government notification of June 24 along with the land pooling policy, 2025, being ultra vires and an act of “colourable legislation”, violating fundamental rights.
On August 6, the court asked the Punjab government whether there was any provision in the policy for rehabilitation of the landless labourers for their sustenance.
The state had also been directed to inform the court whether the social impact assessment was carried out before notifying the policy.
The petitioner submitted that since the policy was purported to be under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 but there was no such provision empowering the state to frame such a policy as the provisions of Punjab Regional and Town Planning and Development Act, 1995, was the only Act under which this policy could be framed.
“That no such social impact assessment report was either prepared or published, as per the provisions of law, moreover, none of the gram panchayats or gram sabha were approached or consulted by the respondents before bringing the Land Pooling Policy 2025, which is clear disregard to the provisions mandated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013,” said the petition.
Since there was no such provision of law under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement 2013 to frame the Land Pooling Policy 2025, there lies no mechanism or forum to challenge such policy and petitioner is left with no remedy to redress his grievance, the petition added.
The AAP government has been facing flak from the opposition parties and various farmer bodies, which dubbed its land pooling policy a “looting” scheme to “rob” the farmers of their fertile land.
