Morni Hills case: HC pulls up Haryana over delay in demarcation, sets April 18 deadline

The court questioned the state on key operational aspects, including whether appointed patwaris were adequately trained for the task. It was pointed out during the hearing that several officials deployed for the exercise were still under training, while submissions were also made that demarcation in hilly terrain like Morni required experienced personnel with substantial field expertise.

The Bench also took note of issues relating to shortage of equipment and manpower, with counsel submitting that essential survey tools such as DGPS and total station systems were not readily available with the department. The court, however, was not inclined to accept these constraints as justification for delay.

“You beg, borrow or steal, whatever you do, get the equipment,” the Chief Justice remarked, directing the state to ensure that all necessary resources are made available to the Forest Settlement Officer (FSO) to begin work without further delay.

During the proceedings, the court was informed about a meeting held on March 17, under senior state officials, where six decisions were taken, including initiating survey and demarcation of at least one “block” out of the total identified area with the involvement of revenue and forest departments.

The Bench said it would assess the bona fides of the state based on prompt execution of these decisions and directed that equipment, manpower and necessary support be provided within a fixed timeframe.

The court also examined the issue of financial powers of the FSO, with submissions indicating that the officer was unable to proceed effectively due to lack of sanctioning authority for even basic operational requirements. The Bench observed that once an officer is appointed under the relevant statutory framework, the role must be supported with necessary powers and administrative backing.

After hearing the parties, the court granted three weeks’ time to the state to operationalise the process and begin work on the ground, setting April 18 as the deadline for compliance.

The Bench made it clear that failure to meet the timeline would invite strict action. “Failing which, we will frame charges of contempt against the officer concerned,” the court said.

The Morni Hills case, Vijay Bansal v. State of Haryana, is a 2017 PIL in the Punjab and Haryana High Court that flags decades of delay by the state in properly demarcating forest and village land and declaring Morni Hills a Reserved Forest. Filed by Panchkula -based activist Vijay Bansal, it sought clear settlement of land rights and boundaries to curb encroachments caused by ambiguity.