Land pooling policy challenged in HC, plea flags statutory safeguards

Public interest litigation argues that policy fails to comply with social, environmental impact assessments, fair compensation and rehabilitation of affected families

The Punjab government’s land pooling policy, aimed at acquiring nearly 65,000 acres across the state for residential and industrial development, has been challenged in the Punjab and Haryana high court.

A petition by social activists Naveender PK Singh and Samita Kaur was taken up by the bench of chief justice Sheel Nagu and justice Sanjiv Berry. (Getty Images/iStockphoto)

A petition by social activists Naveender PK Singh and Samita Kaur was taken up by the bench of chief justice Sheel Nagu and justice Sanjiv Berry. However, the hearing was deferred as petitioners sought permission to amend the plea.

The PIL seeks quashing of the recent notification of the state government issued on July 4 and subsequent changes made, whereby land pooling policy has been notified for acquisition and urbanization of multi-crop irrigated agricultural lands in over 50 villages (24,311 acres of area) in Ludhiana and 21,550 acres separately proposed to be taken for industrial purposes in Ludhiana and Mohali.

It argues that the policy fails to comply with statutory safeguards, including social and environmental impact assessments, fair compensation and rehabilitation of affected families.

The move to acquire such a large chunk of land would have widespread negative effects on the agrarian economy of Punjab, which is a major contributor to the food grain supply of the country, the petition argues, adding that the policy is directly contrary to the spirit and mandate of the right to fair compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act), which is a central legislation.

During the hearing, the state’s counsel told the court that the policy was notified under the 2025 policy and not under the LARR Act 2013. Upon this, counsel for the petitioner sought to amend the petition and the matter was adjourned for August 19.

“The policy is being used as an indirect and illegal method of land acquisition that sidesteps the mandatory procedures laid down under the LARR Act, particularly Sections 4, 8, and 10, which mandate social and environmental impact assessments and bar acquisition of fertile agricultural land except in exceptional circumstances,” the plea claims, further alleging that the state government, through agencies like the Greater Ludhiana Area Development Authority (GLADA), is pressing ahead with the project despite massive opposition.

“More than 1,600 landowners and farmers have already submitted affidavits before GLADA opposing the move. Media reports have extensively covered the protests and highlighted discrepancies between the state’s claims and the situation on the ground,” the plea further said, demanding the court’s intervention.

The plea says in the absence of a comprehensive social impact assessment (SIA) and the formulation of a corresponding SIA plan, the policy is not only “procedurally defective” but is also arbitrary and violative of the fundamental rights of the affected landowners and farming communities.