Ensure Inter-State Boundary Disputes Between Haryana And UP Are Settled With Utmost Promptitude: Punjab & Haryana High Court To Union Govt

The Punjab and Haryana High Court recently directed Survey of India's Punjab, Haryana & Chandigarh Geo-spatial Data Centre (PHCGDC) in Chandigarh to ensure that a detailed site plan is prepared after an exercise is carried out by its experts, along with revenue officers of Haryana and Uttar Pradesh, in respect of the boundary disputes between the two states. It has been decided that the dispute will be settled by construction of boundary pillars at the disputed sites.

The division bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari directed PHCGDC to deploy a team of expert officials for the visit and also asked Chief Secretaries of Haryana and UP to send a team of responsible revenue officers to the site concerned on the date assigned by PHCGDC. The DGPs of the states have been directed by the court to deploy a convoy of armed policemen to preclude the emergence of any law and order situation at the sites concerned.

The court said the exercise be completed within this month.

“The office of PHCGDC, Survey of India, Chandigarh shall ensure, that a detailed site plan is prepared in respect of the survey, as also in respect of the boundary pillars, thus segregating the revenue estates of the State of U.P., and, of the State of Haryana. The said signatured site plan, carrying thereins, the above details, shall be promptly supplied to the representatives of the State of U.P. and of the State of Haryana, besides, shall also become tendered before this Court. It is but expected, that on the basis of the said site plan supplied to the representatives of the State of U.P. and the State of Haryana, both the States shall, proceed to ensure, that transfer(s) of all the revenue records, in consonance with the said site plan, thus occurs from one State to the other,” said the court. 

The bench further directed that on transfer of the relevant revenue records from one state to the other, the revenue agencies concerned shall make updations, in accordance with law, of all the revenue records concerned. "On transfer of the relevant revenue records from one State to the other, the revenue agencies concerned are directed to make updations, in accordance with law, of all the revenue records concerned. Thereafter, the competent statutory authority shall strictly, in accordance with law, settle the dispute of each individual litigant concerned," it added.

The court was hearing a bunch of writ petitions concerning individual land disputes. In compliance with the earlier directions of the Court, the Additional Solicitor General of India Satya Pal Jain submitted before the Court that a meeting was held on April 10. The minutes of the meetings revealed that decisions were taken with respect to the participants preparing the list of pillars of all disputed areas, which are required to be demarcated on the ground by the Survey of India.

It was further submitted that the costs relating to the erections of the pillars after demarcations being made, on the ground for determining the boundaries respectively of Haryana and UP had been computed in a sum of Rs.4,46,26,460/-. It was submitted that the costs relating to the erections of pillars is to be borne in equal shares by the states.

“…….this Court directs both the State of U.P., and, the State of Haryana, to within one week from today, make deposits in the sums of money, as are required to be borne equally by them, before the office of PHCGDC, Survey of India, Chandigarh, so that subsequently the latter proceeds to engage itself in the exercise of erecting the boundary pillars on the disputed sites concerned,” the division bench said in the order.

The court in the order further said, "We place on record deep appreciation for the prompt assistance rendered to this Court, by the learned Additional Solicitor General of India. We further expect, that hereafter also the learned Additional Solicitor General of India shall ensure, that the inter-state boundary dispute, which has emerged amongst the State of U.P., and, the State of Haryana, are, with his aegis, settled with utmost promptitude."

Case Title: Dinesh Kumar & Ors. v. State of Haryana & Ors. and Other connected matters

Coram: Justice Sureshwar Thakur and Justice Kuldeep Tiwari

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