Punjab & Haryana High Court Pulls Up Haryana Govt. For Four Decade Long Failure To Notify Reserved Forest In Morni Hills Area

The Punjab and Haryana High Court criticized the Government of Haryana for permitting nearly four decades to elapse without any discernible, substantive action flowing from a statutory declaration in regard to settlement in Morni Hills area. The Court observed it to be an affront to the principles of effective governance and a manifest failure at the end of concerned officers, both statutory and Constitutional.

A Public Interest Litigation (PIL) was filed in Punjab and Haryana High Court highlighting that though the residents of Morni Hills area come within the definition of traditional forest dwellers for all intents and purposes, no efforts have been made to treat them as such.

The Division Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel observed, “The procrastination exercised by the State Government subsequent to the issuance of notification under Section 4 of the 1927 Act, in 1987 i.e. the 18.12.1987 notification, presents a lamentable illustration of classic administrative lethargy…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 18.12.1987 notification, undermines the very spirit of the 1927 Act and betrays a shocking lack of urgency.”

Advocate Ravi Sharma represented the Petitioner, while Advocate Deepak Balyan represented the State.

Case Brief

A PIL was filed regarding the primary issue that whether the settlement of the Morning Hills area, including the process of demarcation, is required to be carried out entirely by the Forest Settlement Officer alone, and expeditiously or not.

A reference was also made to the notification dated December 18, 1987 whereby the Government had decided to constitute the land specified in the Schedule in the said notification as reserved forest, in exercise of powers conferred under Section 4(1) of Indian Forest Act, 1927 (the 1927 Act).

It was contended by the State that the Forest Settlement Officer (FSO) does not have jurisdiction to conduct demarcation and survey of the area proposed to be proclaimed as Reserved Forest.

Court’s Reasoning

The Court emphasised that the 1927 Act remains a pivotal legislation within the corpus of Indian environmental jurisprudence.

Regarding the contention of the State that the FSO lacks jurisdiction to conduct demarcation, the Court referred to Section 8 of the Act, 1927 and observed that the State of Haryana is under a misconception that function and power of carrying demarcation is out of the jurisdictional purview of FSO. Section 8 of the Act,1927 empowers the FSO to conduct demarcation and survey in Reserved Forest.

“Therefore the entire exercise of survey & 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”, the Court observed.

It was also highlighted that whenever the State Government intends to designate any land as a Reserved Forest, it is mandatorily incumbent upon it to issue a formal notification published in the official gazette under Section 4 of 1927 Act to the following extent.

It was also observed that, “The supine inaction of the State in adhering to the dictates of this foundational Article constitutes not merely a perfunctory disavowal of a directive principle of state policy, but stands as an outrageous affront to the capacious ambit of Article 21 of the Constitution. The latter, by virtue of judicial pronouncements, unequivocally subsumes within its protective ken the indefeasible right to a salubrious and unpolluted environment, thereby encompassing the imperative for the preservation of natural flora and fauna, including, inter alia, the forests. Such dereliction, therefore, transmutes from a procedural lapse into a direct infringement upon a fundamental human right.”

Thus, in light of the above, the Court directed the FSO to take requisite steps to ensure expeditious submission of his report with a further direction to State of Haryana to thereafter issue notification under Section 20 of 1927 Act of the scheduled land as a Reserved Forest latest by December 31,2025.

The Punjab and Haryana High Court also directed the Forest Secretary, Haryana to file a compliance affidavit within seven months.

Accordingly, the Writ was disposed of by the Court.

Cause Title: Vijay Bansal V. State of Haryana & Ors. ( Neutral Citation No. 2025:PHHC:102096-DB)

Appearnce:

Petitioner: Advocates Ravi Sharma, Sandeep Singh Sangwan, Raywant Kaushish

Respondent: Advocates Deepak Balyan(Addl. Advocate General, Haryana) and V. Tyagi, Secretary (Forest), Haryana, (through V.C.)

Ms. Puneet Kaur Sekhon, Advocate for the applicant in CM-11760-CWP-2024

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