HC stays Punjab land pooling policy for four weeks

During the resumed hearing of the petition filed by 72-year-old Ludhiana-based farmer Gurdeep Singh Gill, the court asked Punjab’s counsel whether any Environmental Impact Assessment (EIA) or Social Impact Assessment (SIA) had been conducted before publishing the land pooling notification. Advocate General Maninderjit Singh, appearing for Punjab, submitted that the land was not being handed over to private developers but would be developed by state agencies.

However, the court was informed that it costs the government approximately Rs 1.2 crore to develop one acre of pooled land. With over 7,800 acres proposed to be brought under the scheme near Ludhiana alone, the estimated cost exceeds Rs 9,000 crore.

When asked how the state planned to mobilise these funds, Punjab had no answer.

Taking note of the absence of a clear position on the statutory assessments as well as the financial feasibility of the project, the bench granted Punjab four weeks to file a comprehensive reply. Until then, implementation of the policy will remain stayed.

Senior advocate Gurjeet Singh Gill, along with advocates Manan Kheterpal, Manat Kaur and Rahul Jadge, appeared for the petitioner.

In his petition, Gurdeep Singh Gill, who owns six acres, has challenged the June 4 notification that brought his agricultural land under the land pooling scheme of the Greater Ludhiana Area Development Authority (GLADA). He has sought quashing of the policy, terming it “colourable legislation” and violative of his constitutional rights under Articles 14, 19(1)(g), 21, and 300-A.

The petition argues that the policy was framed under the Land Acquisition Act, 2013 (LARR), which does not permit such pooling schemes and mandates prior consultation, public hearings, and assessment reports under Sections 4 to 6 and 10. It alleges that no such processes were followed and that the land marked for pooling includes multi-cropped, irrigated fields, which cannot be acquired except under exceptional circumstances.

Gill, whose family migrated from Layallpur (now Faisalabad) during Partition and rebuilt their lives farming in Ludhiana’s Phagla village, has said that the policy threatens to strip him of his agricultural livelihood without compensation or rehabilitation.

The petition also points out that unlike states such as Haryana and Delhi which framed land pooling policies under their respective town planning laws, Punjab has bypassed the Punjab Regional and Town Planning and Development Act, 1995, and issued the policy under the LARR Act, 2013, which does not provide a framework for land pooling.

The matter will now be heard on September 10.