HC stays Punjab'sland-pooling policy
Chandigarh, Aug. 8 -- The high court on Thursday stayed implementation of the land-pooling scheme announced by the Aam Aadmi Party (AAP) government in Punjab for "planned urban development". Punjab advocate general Maninderjit Singh Bedi confirmed the development. A detailed order, however, is awaited.
Under the scheme notified on June 4, the government plans to acquire 65,533 acres of land across 21 cities and towns in the state to develop both industrial and residential zones. It was dubbed as the largest acquisition of land by the government in the state since 1966. However, since its announcement, the policy has come under severe criticism from the political parties and farmer bodies, who are terming it as a "looting scheme to usurp fertile land".
During the hearing, the bench of justice Anupinder Singh Grewal and justice Deepak Manchanda reiterated its concerns regarding the lack of provision for rehabilitation of landless labourers and others dependent on land for their sustenance. It also questioned the government for not conducting compulsory social impact assessment before identifying the land to be acquired.
AG Bedi and senior advocate Gurminder Singh had submitted that the policy was voluntary in nature. Land suitable for the development project was identified, and the corresponding khasra numbers were advertised to invite expressions of willingness from the landowners. Only if they consent, the land will be acquired in exchange for developed houses, the court was told, adding that the move was aimed at curbing the mushrooming of illegal colonies in the state.
As of the social impact assessment, it was not required at the current stage because the development work has not started, the duo told the court further clarifying that the projects would not be handed over to any private builders for development.
On the other hand, petitioner Gurdeep Singh Gill had earlier contended that the scheme was notified without carrying out the necessary environment and social impact assessment which is an essential prerequisite for acquisition of land under Sections 4 to 8 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Even the assessment as to whether it will serve the 'public purpose' for setting up residential and commercial complexes as set out in the Act of 2013 was not undertaken, the petitioner had told the court adding that the Act of 2013 is being circumvented and the policy is wholly arbitrary and irrational.
It was also argued that there is no provision for providing compensation at the time of acquisition and only an annual livelihood allowance of Rs 50,000/- per acre would be paid but it would be too meagre for the sustenance of families of small and marginal farmers, who would be affected adversely.
After hearing arguments for nearly two hours, the bench suggested that the government withdraw the scheme.
However, as the government did not agree, the court passed the order stating that it will take the government time to address the concerns and posted the matter for response from the government on September 10.
When asked whether the order would be challenged in the Supreme Court, AG Bedi said: "A decision regarding that would be taken only after examination of the detailed order."...
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