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2023 DIGILAW 1647 (PNJ)

Dinesh Kumar v. State of Haryana

2023-05-05

KULDEEP TIWARI, SURESHWAR THAKUR

body2023
JUDGMENT Sureshwar Thakur, J. In pursuance to the directions previously made by this Court, the learned Additional Solicitor General of India has placed on record the minutes of the meeting, which occurred at Chandigarh, on 10.04.2024, at 03:00 P.M. In the said meeting, the attendees were the officials of PHCGDC, Survey of India, Chandigarh, and, officials of O/o Director, Land Records Haryana, Panchkula. However, no official from the State of U.P. recorded his presence, in the said meeting. 2. A perusal of the minutes of the meeting (supra), and, which are taken on record, discloses, 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, Chandigarh. The said list of pillars is detailed therein, to be submitted by the concerned, in the office of the PHCGDC, Survey of India, Chandigarh, by 12.04.2023. 3. At this stage, it is submitted by the learned Additional Solicitor General of India, that in pursuance to the said request, as made upon the State of Haryana, the latter has submitted to the PHCGDC, Survey of India, Chandigarh, the apposite list of pillars on 19.04.2023. He further submits, that the State of U.P. has also supplied to the office of PHCGDC, Survey of India, Chandigarh, the apposite list of pillars. Also, as submitted before this Court, by the learned Additional Solicitor General of India, the costs relating to the erections of the said pillars, but after demarcations being made, on the ground, for determining the boundaries, respectively of the State of Haryana, and, of the State of U.P., thus have been computed in a sum of Rs.4,46,26,460/-. The above total costs relating to the erections of pillars, for the relevant purpose, is stated at the bar by the learned counsels appearing for the State of Haryana, and, for the State of U.P., to be borne in equal shares by each of the two States. 4. The above total costs relating to the erections of pillars, for the relevant purpose, is stated at the bar by the learned counsels appearing for the State of Haryana, and, for the State of U.P., to be borne in equal shares by each of the two States. 4. The learned counsel appearing for the State of U.P. submits, that the Government of U.P. has conveyed to him, that the costs but to the extent of half of the above expenses, to be incurred by the authority concerned, for erecting the boundary pillars concerned, but at the disputes sites, shall be borne by the State of U.P. Though the learned counsel appearing for the State of U.P. submits, that there is likelihood of some time being consumed in the necessary approvals being granted, for the disbursements being made to the authority concerned, for its engaging upon the relevant exercise. However, since the matter is of an emergent nature and requires promptitude on the part of all concerned, thus to settle the boundary dispute(s), which has emerged amongst the State of U.P. and the State of Haryana, and, which will become eased, only through the erections of boundary pillars, at the sites concerned. Therefore 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. 5. On the above deposits being made, the office of PHCGDC, Survey of India, Chandigarh, is directed to, with utmost promptitude, deploy a team of officials, who hold expertise in the subject concerned. The date of the disputed sites becoming visited by the officials of the said team, shall be conveyed to the respective Chief Secretaries of the State of U.P., and, of the State of Haryana, who shall ensure, that a team of responsible revenue officers is dispatched to the site concerned, on the date assigned by the office of PHCGDC, Survey of India, Chandigarh, for the latter proceeding to undertake the relevant exercise. Moreover, the respective Director Generals of Police of the State of U.P., and, of the State of Haryana, are also directed to deploy along with the team of revenue officers concerned, a convoy of armed policemen, so as to preclude the emergence of any law and order situation, at the sites concerned. 6. It is also directed, that the entire exercise shall be completed by the end of this month. On completion of the above exercise, 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. 7. 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. 8. 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. 9. For afore purpose, list on 25.05.2023.