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Indian Express
2 days ago
- Politics
- Indian Express
HC stays Punjab land pooling policy for four weeks
The Punjab and Haryana High Court on Thursday stayed the implementation of the Punjab Land Pooling Policy, 2025 for four weeks after the state government failed to explain how it planned to develop the estimated 7,800 acres of land in and around Ludhiana. The oral order came from a division bench of Justices Anupinder Singh Grewal and Deepak Manchanda, which granted the state time till September 10 to file its response and stayed the policy until then. During the resumed hearing of the petition filed by 72-year-old Ludhiana-based farmer Gurdeep Singh Gill, the court asked Punjab's counsel whether any Environmental Impact Assessment (EIA) or Social Impact Assessment (SIA) had been conducted before publishing the land pooling notification. Advocate General Maninderjit Singh, appearing for Punjab, submitted that the land was not being handed over to private developers but would be developed by state agencies. However, the court was informed that it costs the government approximately Rs 1.2 crore to develop one acre of pooled land. With over 7,800 acres proposed to be brought under the scheme near Ludhiana alone, the estimated cost exceeds Rs 9,000 crore. When asked how the state planned to mobilise these funds, Punjab had no answer. Taking note of the absence of a clear position on the statutory assessments as well as the financial feasibility of the project, the bench granted Punjab four weeks to file a comprehensive reply. Until then, implementation of the policy will remain stayed. Senior advocate Gurjeet Singh Gill, along with advocates Manan Kheterpal, Manat Kaur and Rahul Jadge, appeared for the petitioner. In his petition, Gurdeep Singh Gill, who owns six acres, has challenged the June 4 notification that brought his agricultural land under the land pooling scheme of the Greater Ludhiana Area Development Authority (GLADA). He has sought quashing of the policy, terming it 'colourable legislation' and violative of his constitutional rights under Articles 14, 19(1)(g), 21, and 300-A. The petition argues that the policy was framed under the Land Acquisition Act, 2013 (LARR), which does not permit such pooling schemes and mandates prior consultation, public hearings, and assessment reports under Sections 4 to 6 and 10. It alleges that no such processes were followed and that the land marked for pooling includes multi-cropped, irrigated fields, which cannot be acquired except under exceptional circumstances. Gill, whose family migrated from Layallpur (now Faisalabad) during Partition and rebuilt their lives farming in Ludhiana's Phagla village, has said that the policy threatens to strip him of his agricultural livelihood without compensation or rehabilitation. The petition also points out that unlike states such as Haryana and Delhi which framed land pooling policies under their respective town planning laws, Punjab has bypassed the Punjab Regional and Town Planning and Development Act, 1995, and issued the policy under the LARR Act, 2013, which does not provide a framework for land pooling. The matter will now be heard on September 10.
India Today
3 days ago
- Politics
- India Today
High Court pauses Punjab's land-pooling policy in big jolt to AAP
In a major setback for the Aam Admi Party (AAP), the Punjab and Haryana High Court on Thursday ordered an interim stay on the operation of the Punjab government's Land Pooling Policy stay came in response to a petition filed by Gurdeep Singh Gill, a Ludhiana-based resident, who challenged the legality and constitutionality of the policy. The petitioner alleged that the policy was enacted without the mandatory social and environmental impact assessments, and bypassed consultation with Gram Panchayats and Gram Sabhas, in violation of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, the hearing, petitioner's counsel Gurjeet Singh confirmed that the High Court has directed the Punjab government to file a reply within four weeks. The court had earlier questioned whether the policy included provisions for the rehabilitation of landless labourers, and whether a social impact assessment was conducted prior to petition called for the quashing of the state's notification dated June 24, along with the entire policy, terming it an act of 'colourable legislation' that infringes on fundamental rights. The plea further argued that the Punjab Regional and Town Planning and Development Act, 1995 is the only valid framework under which such a policy could be petition pointed out that there exists no legal mechanism to challenge the policy under the 2013 Land Acquisition Act, leaving affected individuals with no avenue for AKALI DAL PROTESTS AGAINST LAND-POOLING POLICYThe policy has drawn strong opposition from political parties and farmer groups. Shiromani Akali Dal (SAD) president Sukhbir Singh Badal denounced the land-pooling policy as a 'land-grabbing scheme' and accused the Aam Aadmi Party (AAP) government of attempting to 'loot' farmers of their fertile claimed that AAP had struck an 'underhand deal' with builders from Delhi worth Rs 30,000 crore, alleging that the policy was aimed at transferring agricultural land to private developers. Announcing a protest campaign, Badal declared that the SAD would launch an agitation from September 1 in Mohali, continuing until the policy is the criticism, the AAP government has defended the policy as farmer-friendly, asserting that no land will be forcibly acquired. According to the policy, landowners will receive 1,000 square yards of residential land and 200 square yards of commercial land in developed zones in exchange for each acre pooled.- EndsWith inputs from PTI
Hindustan Times
3 days ago
- Politics
- Hindustan Times
HC grants interim stay on Punjab's land-pooling policy
The Punjab and Haryana high court on Thursday ordered an interim stay on the operation of Punjab's land-pooling policy. 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.
Time of India
3 days ago
- Politics
- Time of India
Land pooling policy put on hold till next hearing on Aug 7: Punjab AG submits in HC
CHANDIGARH : The Punjab advocate general on Wednesday submitted in the Punjab and Haryana High Court that the land pooling policy would be kept on hold and no further steps would be taken till the next hearing on Thursday. The submission came on a petition filed by Gurdeep Singh Gill, who challenged the Punjab government's land pooling scheme. The court has fixed Thursday (August 7) as the next date of hearing. As the matter came up for hearing on Wednesday, 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 has also been directed to inform the court whether a social impact assessment was carried out before notifying the land pooling policy. "He (the AG) shall also inform this court if an environmental impact assessment had been carried out before notifying the policy," a division bench of Justices Anupinder Singh Grewal and Deepak Manchanda said. The court said it has been directed by the Supreme Court in the case of 'Resident's Welfare Association and another vs Union Territory of Chandigarh (2023)' that before permitting urban development, an environmental impact assessment study should be conducted. "Learned advocate general, Punjab, shall also inform this court as to whether there is any provision in the policy for rehabilitation of the landless labourers and others, who do not own any land but are dependent on land for their sustenance," the bench said. "He submits that the policy would be kept on hold and no further steps would be taken till the next date of hearing," it said. Gill, the Ludhiana-based petitioner, had sought directions to quash the state government notification dated June 24 along with the land pooling policy 2025 for being ultra vires and an act of "colourable legislation", violating fundamental rights. The petitioner submitted that the policy is purported to be under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, but there is no such provision which empowers the state to frame such a policy as the provisions of the Punjab Regional and Town Planning and Development Act, 1995, is the only Act under which this policy could be framed. "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, 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," the petition said. "Since there is no such provision of law under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, to frame the land pooling policy, therefore, there lies no mechanism or forum to challenge such policy and the petitioner is left with no remedy to redress his grievance," it said. The AAP government has been facing flak from the opposition parties and various farmer bodies, which have dubbed its land pooling policy a "looting" scheme to "rob" the farmers of their fertile land. AAP has hit out at the opposition parties for spreading "misleading propaganda" against the state government's policy, with party leaders describing it as "farmers-friendly". The Punjab Cabinet in June gave its nod to the land pooling policy and asserted that not a single yard will be forcibly acquired from the land owners. Under the land pooling policy, an owner will be given 1,000 square yard of residential plot and 200 square yard of commercial plot in fully developed land in lieu of one acre of land, the state government had said.
Hindustan Times
3 days ago
- Politics
- Hindustan Times
Land-pooling policy: Does policy have provision for rehab of landless labourers, HC asks Punjab
The high court on Wednesday asked the Punjab government whether it had carried out the social and environmental impact assessment before notifying the land-pooling policy or not. The petition was filed by Ludhiana resident Gurdeep Singh Gill who had challenged the policy, notified on June 4, stating that around 26,000 acres of land in the district had been notified for setting up of residential and commercial projects without carrying out the necessary environment and social impact assessment The court also asked the state government to spell out whether the policy --- that has raised the hackles of Opposition leaders and farmers --- had provisions for rehabilitation of landless labourers and others. These questions were raised by the bench of justice Anupinder Singh Grewal and justice Deepak Manchanda, while the state's advocate general Maninderjit Singh gave an undertaking that the policy would be kept on hold and no further steps would be taken till the next date of hearing. The matter will be taken up again on Thursday. The petition was filed by Ludhiana resident Gurdeep Singh Gill who had challenged the policy, notified on June 4, stating that around 26,000 acres of land in the district had been notified for setting up of residential and commercial projects 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. Even the assessment as to whether it will serve the 'public purpose' for setting up residential and commercial complexes as set out in the Act of 2013 was not undertaken, he had alleged further underlining that a large number of public/private housing/commercial projects are already underway and are more than adequate to meet the existing and future needs of the public. Hence, the Act of 2013 is being circumvented and the policy is wholly arbitrary and irrational, the plea alleged. It was also argued that there is no provision for providing compensation at the time of acquisition and only an annual livelihood allowance of ₹50,000/- per acre would be paid but it would be too meagre for the sustenance of families of small and marginal farmers, who would be affected adversely. The policy is discriminatory against small landowners, he further claimed. The court while deferring hearing asked the AG to inform the court if the environmental impact assessment had been carried for which directions were issued by the Supreme Court in 2023 while observing that before permitting urban development, the environmental impact assessment study should be conducted.
