Setback for Bhagwant Mann: HC halts land pooling policy for 4 weeks, slams govt for lack of planning
Punjab land pooling policy: The Punjab and Haryana High Court on Thursday stayed the implementation of the Punjab Government’s controversial land pooling policy for four weeks, strongly criticising the government for its lack of planning, legal preparedness, and absence of safeguards for the poor, landless, and labour class.
The HC also warned the Punjab Government that the policy, if implemented in its current form, could lead to large-scale land exploitation by private entities and land mafias, while failing to protect the interests of farmers and marginalised communities.
During the hearing, the Punjab and Haryana High Court questioned former Advocate General Gurminder Singh, who appeared on behalf of the Punjab Government, asking what provisions had been made for the landless, labourers, and economically weaker sections. The HC Bench observed that the policy lacked a Social Impact Assessment (SIA) and Environmental Impact Assessment (EIA), both of which are critical for any land-related development initiative.
The Punjab Government argued that the land pooling scheme was voluntary and therefore not subject to the 2013 Land Acquisition Act, which mandates such assessments. However, the HC dismissed this reasoning, stating that the acquisition of thousands of acres of fertile agricultural land without environmental or social studies was irresponsible and dangerous for an agrarian state like Punjab.
“You have not conducted any social or environmental impact assessment, you have no budgetary provision, no timeline, and no planning — and yet you're going ahead with acquiring vast stretches of fertile land,” the HC said. “Everything seems to be in the air,” it added.
The HC Bench also pointed out the lack of clarity around key implementation parameters: How many people will be affected? How will fragmented land parcels be developed if only a portion of landowners agree to participate? When will land be identified, acquired, and developed?
Further, the HC raised concerns about the inclusion of private builders and warned that land mafias could exploit the loopholes in the policy. It noted that Punjab is already grappling with thousands of illegal colonies and that the state has failed to act decisively in such cases. “We receive similar cases daily — your policy will only worsen the situation,” the HC remarked.
Senior Advocate Shailendra Jain, assisting the court, also criticised the policy, calling it a failure due to the absence of basic legal and administrative groundwork.
The High Court reprimanded the Punjab Government for seeking repeated adjournments and said it would no longer allow further delays. Although the state requested two additional days to consult internally, the court declined, stating that the same excuse had been made earlier.
“You’ve had ample time to plan. Now either withdraw the policy or place it on hold, or we will be forced to issue formal orders,” the HC said. It also stressed that the state must take legal opinion from the Advocate General’s office before introducing such policies in future.
The court has now imposed a stay on the policy and its official notification, giving the government two clear options: withdraw the policy voluntarily or face a formal injunction.
This matter has attracted significant public and media attention, with PTC News consistently covering the legal and social dimensions of the land pooling scheme.
- PTC NEWS
