Morni Hills: HC mandates forest demarcation, settlement of people's rights by year-end
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In its detailed order, the HC has empowered the forest settlement officer (FSO) to, forthwith, take requisite steps to ensure expeditious submission of his report. Thereafter the state shall issue notification under Section 20 of Indian Forest Act 1927 of the scheduled land as a reserved forest latest by Dec 31.
"The FSO shall be handed over all the documents qua demarcation and survey which are presently in possession of the revenue authorities, forest authorities and Survey of India and the FSO shall be provided, forthwith, with all requisite facilities/infrastructure to enable him to discharge his duties contemplated in Chapter II of 1927 Act including making inquiry, entry, survey, demarcation, preparing map, acquiring land and exercising powers of a civil court, etc," the HC has clarified in its detailed order released on Friday.
The court has also clarified that there will be complete ban on all non-forest activities in the Morni Hills area till the completion of the process.
The secretary of the Haryana forest department has been asked to file a compliance affidavit, in terms of the directions made hereinabove, within seven months from, failure wherein may invite punitive consequences.
Division bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel has passed these orders while disposing of a petition filed by a local activist Vijay Bansal.
He had sought directions to conduct the settlement, in terms of Punjab Land Revenue Act 1887 and Punjab Settlement Manual, of Morni Hills area and incidental directions.
Counsel for the petitioner, advocate Ravi Sharma submitted that the residents of Morni Hills area come within the definition of traditional forest dwellers for all intents and purposes, but no efforts have been made to treat them as such.
The prime issue before the HC was as to whether the settlement of the Morni Hills area, including the process of demarcation, is required to be carried out entirely by the FSO alone, and expeditiously or not.
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The state government had raised the objection, that FSO has no jurisdiction to conduct demarcation & survey of the area proposed to be proclaimed as reserved forest, and the said power lies within the exclusive domain of the revenue authorities, it would be apt to deal with this objection.
Rejecting the state's stand, the bench observed that once a special law i.e. Indian Forest Act 1927 is enacted covering the entire subject matter of Reserved Forest, the FSO assumes exclusive jurisdiction for performing all substantive and ancillary functions including demarcation and survey.
"The entire exercise of survey and demarcation being done by Revenue Authorities is required to be handed over to the FSO already appointed, who shall henceforth conduct & conclude the survey, demarcation, preparation of maps and discharging all functions under Chapter II of 1927 Act," held the bench.
Expressing shock over the delay on the part of the officers of the state government officials for delay in completing the process, the HC observed that such inaction on the part of such officers, particularly in a matter of such profound public importance, merits the unequivocal condemnation of this court.
"The State, as the ultimate custodian and protector of its citizens' rights, is endowed with a solemn responsibility to act with dispatch and diligence, especially when confronted with issues of pressing environmental concern. The prolonged failure to finalize the process initiated by the December 18, 1987 notification, undermines the very spirit of the 1927 Act and betrays a shocking lack of urgency," the HC has observed.
Lungs of Tricity
"The Morni Hills are serving as the prime green cover acting as lungs for the Tricity of Chandigarh-Panchkula-Mohali. Indubitably, the authorities are required to take a decision, one way or the other, regarding completion of the process which begins with issuance of notification under Section 4(1) of the 1927 Act and culminates upon a notification issued under Section 20 of the 1927 Act," HC said.
The delay
Nov 1966 | Haryana came into being. The hilly area of Morni block was included in the then Ambala district though the area was akin to the semi area of the Himachal Pradesh, as their problems are also of similar nature, one of them being the problem of "Nau-Taur". The state of Himachal Pradesh has solved the problem of "NauTaur" land and rights of its people long ago. Nau-Taur means the right to utilise with the sanction of the competent authority, waste land owned by the government outside the towns.
Oct 15, 1980 | The then Haryana CM made a declaration regarding the rights of "Nau-Taur" to be given to the people of Morni area on the public demand.
1987-88 | A committee headed by then commissioner Ambala division submitted a detailed report regarding the rights of people of Morni Area which is known as T D Jogpal report and recommended the immediate fresh settlement.
Nov 30, 1987 | The revenue department appointed then sub-divisional officer (civil) Kalka as settlement officer Morni Hills in addition to his duties. However, the process has not been completed till date in spite of spending crores of rupees on salary and allowances. After SDM Kalka, one M P Sharma, a retired Indian Forest Services (IFS) officer was appointed by the government as an 'FSO'.
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