Chandigarh, 7 August — The Punjab and Haryana High Court on Thursday indicated it will stay the Punjab Land Pooling Policy, expressing serious reservations over the scheme’s legality and social impact, after the Punjab Government declined to withdraw it.
A Bench of Justice Anupinder Grewal and Justice Deepak Manchanda, after hearing arguments for nearly two hours, granted the state four weeks to respond. “We will stay the policy and give you time to address the concerns,” the court said before adjourning the matter.
The court raised strong objections to the lack of rehabilitation measures for landless labourers and those dependent on the land, and also questioned the absence of a mandatory Social Impact Assessment (SIA) before identifying the land parcels for acquisition.
Despite the state’s argument that the policy was voluntary, with landowners offering land in return for developed plots, the court was not convinced. Advocate-General Maninderjit Singh Bedi and senior advocate Gurminder Singh contended that land was identified only after consent, and the policy was aimed at curbing illegal colonies from proliferating across Punjab.
They also submitted that the development would not be handed to private builders and that the 2013 Land Acquisition Act did not apply at this stage.
However, amicus curiae Shailendra Jain disagreed, asserting that an SIA is not only necessary but mandatory under Supreme Court guidelines, and bypassing it would create “unreasonable classification” between acquisitions under the 2013 Act and those under the policy.
The petition, filed by Gurdeep Singh Gill, challenges the policy as arbitrary and unconstitutional. His counsels argued that it amounted to colourable legislation with no enabling provision under the parent Central law.
The court’s indication of an impending stay adds a fresh twist to the ongoing legal battle, putting pressure on the state to revisit or modify the policy.
