Punjab land pooling policy challenged in HC over acquisition of agricultural land
Petitioners have submitted to the HC that the move to acquire such vast tracts of farmland would have widespread negative effects on the state's agrarian economy, a major contributor to the nation's food grain supply.
During the hearing of the matter on Tuesday, the court was informed that the policy was contrary to the spirit and mandate of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act), which is a central legislation.
It was also submitted that the land pooling policy was being used as a tool to acquire fertile agricultural land across Punjab while circumventing the mandatory procedures laid down under the LARR Act 2013, such as conducting a social impact assessment (Section 4) and environmental impact assessment (EIA).
The LARR Act 2013 (Section 10) categorically bars the acquisition of fertile agricultural land in the ordinary course and only as a last resort.
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The case was heard for around half hour by the division bench headed by Chief Justice Sheel Nagu.
Responding to the plea, the counsel for the Punjab govt contended that the policy was notified under the 2025 policy, not under the LARR Act 2013, as argued by the petitioner. On this, the chief justice's bench advised the counsel for the petitioner to amend the petition accordingly to challenge the acquisition of land as per the 2025 policy.
The matter was adjourned to Aug 19 for further hearing. "Now we will amend the petition challenging the land pooling policy. Although we tried to convince the court that there is not much difference, we will amend our petition accordingly on the advice of the bench. The matter has now been fixed for Aug 19," counsel for the petitioner, Advocate Sahir Singh Virk, told TOI.
The matter reached the court in the wake of a public interest litigation (PIL) filed by Naveender P K Singh of Mohali and Samita Kaur of Ludhiana.
The petitioners mainly prayed for quashing the impugned notifications dated July 4 and to restrain the state of Punjab from proceeding with the policy without adhering to the due process of law under the LARR Act, especially when such fertile agricultural land is at stake.
The court was informed that the Punjab department of housing and urban development notified the policy for the acquisition and urbanisation of multi-crop irrigated agricultural lands in over 50 villages (24,311 acres of area) in Ludhiana and 21,550 acres separately proposed to be taken for industrial purposes in Ludhiana and Mohali, in violation of the statutory provisions (sections 4, 8 & 10) of the Right to Fair Compensation and Transparency in LARR Act 2013.
It was submitted that the policy does not provide any transparency, protection, or legal remedy to the affected landowners and farmers, and is therefore unjust, arbitrary, unconstitutional, and illegal.
Claiming themselves to be socially conscious individuals acting solely in public interest, the petitioners submitted that widespread protests have taken place against this policy. "More than 1,600 landowners and farmers have filed affidavits with GLADA (Greater Ludhiana Area Development Authority) opposing the acquisition of their fertile land," the HC was informed.
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