Punjab and Haryana HC stays AAP govt's land pooling policy for 4 weeks; Oppn hails order

Chandigarh, Aug 7 (PTI) The Punjab and Haryana High Court on Thursday ordered an interim stay on the operation of Punjab government's land pooling policy for four weeks.

The direction came on a petition filed by Gurdeep Singh Gill, who challenged the state government's land pooling policy, 2025. The court has fixed September 10 as the next date of hearing.

The petitioner's counsel, Gurjeet Singh, told reporters after the hearing that a four-week time has been given for filing a reply.

The counsel added no social impact assessment or environment-related assessment were carried out under the policy by the state government.

Ludhiana-based Gill sought directions to quash a state government notification dated June 24 along with the land pooling policy, calling them ultra vires and an act of "colourable legislation" violating fundamental rights.

Additional Advocate General Jastej Singh said the state government presented its stand on the land pooling policy before the court, claiming that the scheme does not involve any kind of land acquisition.

"It is entirely a voluntary scheme, under which landowners are given the opportunity to directly participate in the development of Punjab," he said.

Jastej Singh said that during the hearing, the government apprised the court that any landowner (farmer), whether owning two acres or four, who wishes to contribute under this scheme, is welcome to do so.

"In return, the government will issue a letter of intent for the developed plots. The government's intent is not to exert pressure on anyone, but to carry out planned development of the area with public consent," he said.

This step reflects the government's commitment to move forward with landowners for shaping the future of Punjab, he added.

The additional advocate general also said that the court has issued some interim directions regarding the stay, adding that as soon as a copy of the detailed order is received, the AG office will deliberate on it in detail.

"The government will make a final decision regarding its further strategy and course of action in the matter only after a detailed review of the order," he said.

On Wednesday, the court asked the Punjab government whether there was any provision for rehabilitation of the landless labourers for their sustenance in the policy.

It also directed the state government to inform the court whether a social impact assessment was carried out before notifying the land pooling policy.

The petition, filed through counsels Gurjeet Singh, Manan Kheterpal and Manat Kaur, said that 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 the Punjab Regional and Town Planning and Development Act, 1995, was the only Act under which such a 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 to the provisions mandated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013," the petition said.

Since there was no such provision of law under the Act to frame the land pooling policy, there lies no mechanism or forum to challenge such policy and the petitioner is left with no remedy to redress his grievance, the petition claimed.

The opposition party leaders welcomed the stay on the land pooling policy, calling it a "historic victory for the people of Punjab".

Congress leader Partap Singh Bajwa said he was grateful to the high court for staying this "deeply flawed and unconstitutional policy".

"I had repeatedly warned that it violates the very spirit of the Land Acquisition Act, 2013, a progressive legislation enacted by the Congress-led UPA government under the leadership of Manmohan Singh," Bajwa, the leader of opposition in Punjab Assembly, said.

He also accused Chief Minister Bhagwant Mann of acting not in Punjab's interest, but as a "proxy for Delhi-based corporate lobbies".

"The fertile land of Punjab was being handed over to land sharks with government backing. Mann's mask is off -- he is here not to serve Punjab but to auction our land, our rights, and our future," Bajwa alleged.

He also said the court's intervention vindicates the concerns raised by the farmers, legal experts, and opposition leaders alike.

"This is both a legal and moral defeat for the Mann government -- a regime that tried to bulldoze the will of the people and bypass the Act. Bhagwant Mann must resign immediately," he said.

Punjab Congress president Amrinder Singh Raja Warring too hailed the high court order, saying the farmers' concerns stand vindicated and validated.

He hoped that better sense prevails among "the powers that be and they see the reason in withdrawing the policy".

"As we have already said, we are resolved to force the government to withdraw this policy using all legal, legitimate and democratic means," Warring said.

Welcoming the high court order, SAD leader Daljit Singh Cheema said the entire state is seeking withdrawal of the policy, yet the AAP government is trying to implement it under pressure from AAP leaders from Delhi. PTI CHS ARI