HC orders 4-week interim stay on Punjab land pooling policy; seeks clarity on rehab provisions
The division bench of Justice Anupinder Grewal and Justice Deepak Manchanda also gave the state four weeks' time after hearing detailed arguments for about two hours.
'We will stay the policy and give you time to address the concerns,' the court said.
The state has also been directed to inform the court whether a social impact assessment was carried out before notifying the policy. The court reiterated its concerns regarding the lack of provision for the rehabilitation of landless labourers and others dependent on land for their sustenance. It also questioned the government for not conducting the compulsory social impact assessment before identifying the land to be acquired.
Earlier, the petitioner Gurdeep Singh Gill had contended that the policy was an act of colourable legislation, allegedly framed under a Central law that contained no enabling provision for such a scheme. His counsel Gurjeet Singh Gill, Manan Kheterpal, Manat Kaur, Rahul Jadge, and Rajat Verma also sought directions for quashing the notification and the policy as ultra vires, arbitrary, and violative of Articles 14, 19(1)(g), and 21 read with Article 300-A of the Constitution.
After the hearing, Gurjeet Singh, lawyer of Gill, said that neither a social impact assessment nor any environment-related assessment was carried out under the land pooling policy.
'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 sabhas were approached or consulted by the respondents before bringing the Land Pooling Policy 2025, which is a clear disregard of the provisions mandated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013,' said the petition.
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