IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

C.W.P. No.16074 of 2008

Date of decision: 10.9.2008

Ajmel Singh.

-----Petitioner

Vs.

Union of India and others.

-----Respondents

CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL

HON'BLE MR JUSTICE AJAY TEWARI

Present:

Mr. M.P.S. Mann, Advocate

for the petitioner.

-----

ORDER:

This petition seeks quashing of explanation 1 to Clause 3 of

Agricultural Debt Waiver and Debt Relief Scheme, 2008 (hereinafter

referred to as “the Scheme”).

The Scheme provides for waiver of debt or debt relief

depending upon category in which the debtor falls. There is a total

waiver of eligible amount of debt in respect of small or marginal

farmers, as defined in Clause 3.5 and 3.6 of the Scheme. According to

the explanation, the classification on the basis of land holding criteria is

to be seen at the time of sanction of loan irrespective of subsequent

changes in ownership or possession.

CWP. No.16074 of 2008

Grievance of the petitioner is that on the date of taking of

loan, the petitioner was not covered by the definition of “small farmer”,

but subsequently, he had to sell his land to pay the loan and on the

date of coming