E-Paper
Preserve notified forest area in Morni Hills: HC to Haryana
The bench, after perusing the status report filed by the state govt, observed that it was evident that ‘the steps taken by the authorities were not adequate and not as desired by law’
The Punjab and Haryana high court has directed Haryana to preserve and protect the areas notified as reserved forest and not to permit any kind of illegal activity in the Morni block of Panchkula.
The high court bench of justice RS Jha and justice Arun Palli, after perusing the status report filed by the state government, observed that it was evident that “the steps taken by the authorities were not adequate and not as desired by law”.
The government had submitted an affidavit in response to a PIL by one Vijay Bansal. The plea had submitted that the Punjab Land Preservation Act was enacted to save the Shivalik area from land erosion and most of the land of the Morni Hills area is notified under Sections 3, 4 and 5 of the Act. The land has become forestland in view of an apex court judgment. It says, in 1987, the government had appointed the then sub-divisional officer (civil), Kalka, as the settlement officer, but settlement has not been completed till date despite spending ₹1.64 crore on salary and allowances. It said the government should be directed to conduct the settlement in a time-bound manner and further to implement the recommendation of a report submitted in 1987. The residents of the Morni block come within the definition of “traditional forest dwellers” from all angles and for all intents and purposes but no efforts have been made neither at political nor at administrative level “to secure social, economic and political justice to people”, the plea argues.
A major tourist attraction point, the area is seeing unplanned growth for years together, posing ecological challenges. The area also saw widespread damage to government infrastructure and in villages, due to incessant rains reported earlier this month. Locals have been blaming flooding and other ecological damages to unplanned and illegal construction activity in the area.
The court has now posted the matter for further hearing on August 22, by which Haryana has been directed to take steps for preserving and protecting the areas notified as reserved forest and not to permit any kind of illegal activity therein. A report has also been sought from the government.
Earlier, the government in its affidavit said the task of demarcating boundary of separating forest and non-forest area lands is “very demanding and will require some time”. The Survey of India (SOI) has been roped in for the purpose and forest department is also providing needful support, the government said, adding that six months’ time would be needed by the SOI for geo-refereeing of all “Musavis” in 14 Bhoj area of Morni and revenue department will also take one year for ground-truthing of the same. This exercise would separate the forest and non-forest area, the government has submitted.
The affidavit further says the task of forest settlement, which is settlement of right of the people in forest under the Indian Forest Act of 1980, would be taken up only after demarcation of boundary of forest and non-forest area, it added.
