HC lists multiple flaws in Punjab's land pooling policy, explains reasons for stay
Policy 'notified in haste'
The court said it was 'prima facie… of the view that the policy appears to have been notified in haste' without addressing key concerns. These included Social Impact Assessment (SIA), Environmental Impact Assessment (EIA), fixed timelines for execution, and a grievance redressal mechanism — all of which, it said, 'should have been addressed at the very outset… before its notification.'
No impact assessments before large-scale land takeover
The Bench noted that the State planned to 'take over tens of thousands of acres of fertile land' without first conducting SIA or EIA, despite Supreme Court directives that environmental studies must precede urban development. It cited Resident's Welfare Association vs UT of Chandigarh (2023), in which the apex court had urged governments to strike 'a proper balance… between sustainable development and environmental protection' and to make EIA studies mandatory before permitting urban expansion.
Compulsory acquisition built into 'voluntary' scheme
While the government maintained the policy was 'purely voluntary', the court pointed to Clause 6 of the May 14 notification, which allowed land not offered under the pooling scheme to be acquired compulsorily under the 2013 land acquisition law. This, it held, brought the policy within the definition of a 'project' under the Act, triggering the requirement for impact studies and other safeguards.
No provision for the landless
The order flagged the absence of any rehabilitation plan for landless labourers, artisans, MGNREGA workers and others dependent on the targeted land. 'Payment of subsistence allowance has been provided to the land owners, but there is no provision for rehabilitation of those… dependent on the land,' it observed. The Bench also reminded that acquisition of multi-cropped land was barred under the 2013 law, except in exceptional circumstances.
No timelines, no grievance mechanism
The court said there were no prescribed timelines for key stages — voluntary participation, taking possession, starting or completing development, delivering developed land to owners, or paying subsistence allowances. It also found no grievance redressal framework or penalty provisions for delays and non-delivery.
Budgetary gap
Noting that the Amicus Curiae had estimated development costs at ₹1.25 crore per acre — about ₹10,000 crore for Ludhiana district alone — the Bench recorded that the State's counsel had 'no instructions' on whether any budgetary provision had been made.
Past delays under pooling policies
The judges referred to earlier instances where landowners surrendered plots under previous pooling schemes but waited years without receiving the promised developed land. In one case from Mohali, they noted, 'developed plots have not been allotted even after ten years' and no development had started in the concerned sectors.
Fertile farmland at stake
Calling the land 'amongst the most fertile in the State of Punjab', the court said the acquisition could 'impact the social milieu' and emphasised the need for careful evaluation before proceeding.
Stay to prevent creation of rights
The policy notified on May 14 and June 4, and amended on July 25, was stayed 'lest any rights are created', with the matter to be taken up again on September 10. The State has been asked to address all concerns and complete its reply before that date.
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Hindustan Times
3 hours ago
- Hindustan Times
Farmers stage motorcycle march in Punjab to oppose land pooling policy
The Kisan Mazdoor Sangharsh Committee (KMSC) held a bike rally on Monday against the Punjab Land Pooling Policy, urging public support for their cause. Farmers' leader Sarwan Singh Pandher said that following the bike rally, they will hold a Mahapanchayat in Jalandhar.(ANI) They protested against the Land Pooling Policy, which defines the terms for compensation of agricultural land acquisition in the state. Farmers' leader Sarwan Singh Pandher said that following the bike rally, they will hold a Mahapanchayat in Jalandhar. Pandher told ANI, "Punjabis should come together and support us in our protest against the government. After today's motorcycle march, all unions will hold a Mahapanchayat in Kukar village, Jalandhar. We have also written to SKM (Samyukt Kisan Morcha), and there will be a big movement to force the government to take back the policy. Today's motorcycle march will uproot the government." Also read : HC stays land pooling policy: Aug 16 protest on, says SKM He added that their campaign is revealing the government's true face behind the policy. "A perception war is going on. The government is saying the policy is good, but we are going to the public to reveal the government's true face. In the next phase, we are not denying the possibility of a protest at the borders," he said.' Further, Pandher said that KMSC is also supporting the electricity department employees' strike against the privatisation. The farmers' leader said, "Employees of the electricity department are on strike against the privatisation, and Kisan Mazdoor Morcha also supports that. Everyone demands electricity, be it people in urban areas, rural, a shopkeeper or a student. If the electricity gets costly, the poor would not be able to pay the bills." On August 7, the Punjab and Haryana High Court granted an interim stay on the Punjab land pooling policy. Meanwhile, the BJP will hold protests against the policy from August 17 to September 1. Punjab BJP vice president Fatehjung Singh Bajwa told ANI, 'The state government's land pooling policy in Punjab is not in the interest of the farmers, especially small farmers and land labourers... Our party will hold protests from 17 August to 1 September wherever the state government is acquiring land in Punjab. We will also tell the people there how this policy of the Punjab government is going to cheat Punjab.'
Hindustan Times
a day ago
- Hindustan Times
Punjab: Land pooling policy notified in haste, social, green concerns not addressed, says high court
The land pooling policy appears to have been notified in a 'haste' and concerns, including social impact assessment, environmental issues, timelines and grievance redressal mechanism, should have been addressed at the very outset before its announcement, the Punjab and Haryana high court has said while staying the scheme announced by the Aam Aadmi Party (AAP) government in Punjab for 'planned urban development'. HC notes that landowners, landless labourers, artisans, MGNREGA workers, etc, will be affected and there is no provision for their resettlement and rehabilitation under the land pooling policy. (Getty Images/iStockphoto) The bench of justice Anupinder Singh Grewal and justice Deepak Manchanda noted that the land which is sought to be acquired is amongst the most fertile land in the state and it is possible that it may impact the social milieu. '…the Land Acquisition Act, 2013 bars the acquisition of multi-cropped land. Such acquisition is permissible only in exceptional circumstances,' the bench said in the detailed order released on Saturday. The court had stayed implementation of the scheme on August 7 on the plea of one Gurdeep Singh Gill, from Ludhiana, who had contended the scheme was notified without carrying out the necessary environment and social impact assessment which is an essential prerequisite for acquisition of land under Sections 4 to 8 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He had sought quashing of the same. Under the scheme notified on June 4, the government plans to acquire 65,533 acres of land across 21 cities and towns in the state to develop both industrial and residential zones. It was dubbed as the largest acquisition of land by the government in the state since 1966. However, since its announcement, the policy has come under severe criticism from the political parties and farmer bodies, who are terming it as a 'looting scheme to usurp fertile land'. Even as the government argued that the scheme was voluntary, the court took note of the submissions of amicus curiae Shailendra Jain who had pointed out that as per the notification, the land is proposed to be acquired through direct purchase from the owners, but at the same time the remaining land is to be acquired by way of 'compulsory acquisition' under the Land Acquisition Act, 2013. 'The state having not conducted any social/ environment assessment studies would be in violation of the provisions of the Land Acquisition Act, 2013,' he had submitted. The court also noted that a large number of landowners and others who themselves do not own land, viz. landless labourers, artisans, MGNREGA workers and those carrying out other occupations in villages, would be affected and there is no provision for their resettlement and rehabilitation under the land pooling policy. 'Under the Land Acquisition Act, 2013, it is necessary to carry out the social impact assessment before carrying out any acquisition to address such issues, as the constitution conceives the nation to be a welfare state,' the court remarked. The court also reasoned that the policy proposes to have access to large parcels of land and in Ludhiana alone 7,806 acres are to be acquired but no environmental impact assessment has been carried out. 'Such large-scale acquisition may have an adverse impact on the environment and biodiversity of the area,' it added. The court also noted the concerns that while one category of landowners would get compensation under the scheme but those who do not opt for it, their land would be acquired under land acquisition law. Hence, compensation would be different in terms of the cited law. Therefore, the policy is 'arbitrary and unconstitutional'. It further noted concerns of Jain that no grievance redressal mechanism has been put in place for those persons whose land falls under the policy or those who are otherwise affected by the policy. The government had argued that land would not be handed over for development to private players and development would be carried out by the state's statutory bodies, including GLADA, GMADA etc. However, the court noted concerns of the amicus curiae that for Ludhiana alone, ₹10,000 crore would be required, but no budgetary provisions appear to have been made to indicate that the state has adequate resources to finance the development project under this policy. The court further said that even as the stand of the state is that social impact assessment or environmental impact assessment study is not required at this stage, but the Supreme Court held in several cases that before permitting urban development, the state ought to carry out an environmental impact assessment. Now, the hearing stands deferred until September 10 by when state's advocate general Maninderjit Singh Bedi has assured that all concerns of the court would be addressed.
News18
2 days ago
- News18
Punjab land pooling policy appears to have been notified in haste: HC
Agency: Last Updated: August 09, 2025, 21:15 IST Representational image (Image: News18) Chandigarh, Aug 9 (PTI) The Punjab and Haryana High Court has held that Punjab's land pooling policy appears to have been notified in haste and concerns including social impact assessment and environment impact assessment should have been addressed before its notification. A division bench of justices Anupinder Singh Grewal and Deepak Manchanda on Thursday had ordered an interim stay on the operation of the AAP government's land pooling policy for four weeks. The direction had come on a petition filed by Gurdeep Singh Gill, challenging the Punjab government's land pooling policy 2025. The court has fixed September 10 as the next date of hearing. In the detailed order, which was released on Saturday, the court noted that the Land Acquisition Act, 2013 bars the acquisition of multi-cropped land and such acquisition is permissible only in exceptional circumstances. 'We may hasten to add that the land which is sought to be acquired is amongst the most fertile land in the State of Punjab and it is possible that it may impact the social milieu," said the division bench. Ludhiana-based petitioner Gill sought directions to quash the state government notification dated June 24 along with the land pooling policy 2025, being ultra vires and an act of 'colourable legislation", violating fundamental rights. 'We are prima facie also of the view that the policy appears to have been notified in haste and all concerns including social impact assessment, environmental impact assessment, timelines and redressal grievance mechanism should have been addressed at the very outset in the policy, before its notification. At this stage learned advocate general and senior counsel appearing for the state of Punjab submit that all concerns of the court shall be addressed by the next date of hearing and want some time in this regard. As an interim measure, lest any rights are created, the impugned Land Pooling Policy, 2025, notified on May 14 and June 6 and subsequently amended on July 25 shall remain stayed," read the court order. The order stated, 'after hearing submissions of all parties, this court is of the opinion that the state proposes to take over tens of thousands of acres of fertile land in the entire state of Punjab for carrying out its proposed development work, without carrying out any social impact assessment or environmental impact assessment study, although a stand is taken that the assessment would be carried out later when they have definite information about the number of land owners who have opted for the scheme." The court said it has been held by the Supreme Court in several cases that before permitting urban development, the State ought to carry out an environmental impact assessment. The bench said it is also apparent that no timelines have been prescribed nor any mechanism has been provided that will address the grievances of the affected persons. 'Payment of subsistence allowance has been provided to the land owners, but there is no provision for rehabilitation of those landless labourers, artisans and others who are dependent on the land." It has also been submitted before this court that the State's statutory bodies shall themselves develop the land but no budgetary provisions appear to have been made nor anything has been put forth before this court to indicate that the State has adequate resources to finance the development project under the policy, said the order. Referring to the submissions of the amicus curiae, the court said it has come across several instances wherein the owners have surrendered their land to the state development authority under the earlier land pooling policy, but the developed plots have not been allotted even after 10 years. In response to the court's query regarding any provision for rehabilitation of landless labourers, artisans, MGNREGA workers and those carrying out other occupations in the villages, the counsel appearing for the state of Punjab submitted that whatever concerns need to be addressed, shall be looked into at an appropriate stage by the government. No private builder would be allocated the land for any developmental activities and the development would be carried out by the state's statutory bodies, the counsel submitted. The amicus curiae informed the court that the costs for such development project will be in the vicinity of Rs 1.25 crore per acre, and considering that land measuring about 7,806 acres is to be taken over by the state government in Ludhiana district alone, a budget of about Rs 10,000 crore would have to be allocated for the development in one district alone. After the court asked about any budgetary allocation made for the proposed development project to be undertaken as per the said policy, the senior counsel submitted that he has no instructions. The petition, filed through counsels Gurjeet Singh, Manan Kheterpal and Manat Kaur, stated that since the land pooling 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. Swipe Left For Next Video View all '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. 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. PTI CHS ZMN (This story has not been edited by News18 staff and is published from a syndicated news agency feed - PTI) view comments News agency-feeds Punjab land pooling policy appears to have been notified in haste: HC Disclaimer: Comments reflect users' views, not News18's. 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