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.
"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.