The Punjab and Haryana High Court on Thursday stayed the implementation of the land pooling policy and gave the Punjab Government four weeks.
“We will stay the policy and give you time to address the concerns,” the Bench of Justice Anupinder Grewal and Justice Deepak Manchanda observed, before parting with the case.
At the onset, the High Court reiterated its concerns regarding the lack of provision for the rehabilitation of landless labourers and others dependent on land for their sustenance.
The court observed government's lack of intent, planning, legal preparedness and failure to safeguard the poor, landless, and farm labourers.
It warned the government that the policy, if implemented, 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 High Court asked what provisions had been made for the landless, labourers, and economically weaker sections. The Bench observed that the policy lacked a social impact assessment and an environmental impact assessment, both of which are critical for any land-related development initiatives.
Advocate-General Maninderjit Singh Bedi and senior advocate Gurminder Singh informed the court that the policy was voluntary.
“Only with the landowners' consent, the land is acquired in exchange for developing houses,” the Bench was told.
Petitioner Gurdeep Singh Gill had contended that the policy was an act of colourable legislation, allegedly framed under a Central law that contained no enabling provision for such a scheme.
His counsel has sought directions for quashing the notification and the policy as ultra vires, arbitrary, and violative of Articles 14, 19 (1) (g), 21, read with Article 300-A of the Constitution.
Meanwhile, farmers and all major Opposition parties in the state, comprising the Congress, the BJP and the Akali Dal, have been against the policy.
With Inputs: IANS