‘Classic Administrative Lethargy’, High Court Slams Haryana Govt For Failing To Notify Reserved Forest In Morni Hills For 40 Years
The Punjab and Haryana High Court has directed the Haryana Government to identify and notify the reserved forest areas in Morni Hills, latest by December 31.
A division bench of Chief Justice Sheel Nagu and Justice Sumeet Goel critised the State for not taking any action in the matter, despite the process being initiated four decades ago through a notification dated December 18, 1987. It said,
“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. To permit nearly four decades to elapse without any discernible, substantive action flowing from a statutory declaration is, to put it mildly, an affront to the principles of effective governance and a manifest failure at the end of concerned officers, both statutory and Constitutional.”
Speaking for the bench, Justice Goel said such inaction on the part of officers, particularly in a matter of such profound public importance, merits the unequivocal condemnation of the Court.
The bench further added that 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.
Justice Goel also highlighted that Article 48-A imposes a positive and peremptory imperative upon the State to strive for the improvement of the environment and the vigilant protection and safeguarding of forests and wildlife.
“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,” observed the bench.
The development ensued while hearing a Public Interest Litigation (PIL) filed by Vijay Bansal wherein it was highlighted 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.
After hearing the submissions, the Court considered the issue, “whether the settlement of the Morni Hills area, including the process of demarcation, is required to be carried out entirely by the Forest Settlement Officer alone, and expeditiously or not?.”
The bench found that the notification under Section 4(1) of the Act was issued by the State Government way-back in 1987 and the pleadings filed by the State Government, reflects a sordid state of affairs, insomuch as, since the year 1987 no concrete steps appear to have been taken.
Rejecting state’s contention that demarcation was outside the Forest Section Officer’s (FSO) authority, the Bench asserted that a bare perusal of the Forest Act revealed that power was vested with the FSO to inter alia conduct survey, demarcation, making maps and act as a civil court.
Concerning the slumber on the part of the official machinery, the Court deemed it not merely appropriate, “but indeed a solemn duty”, to issue a writ in the nature of mandamus.
Hence, the Court directed the concerned official authorities to undertake, “with immediate and unwavering” resolve, all consequential steps in furtherance of the 1987 notification.
It added that to permit such inordinate inaction and pervasive sluggishness to persist would be to allow the very object and purpose of the Indian Forest Act, “to be utterly defeated, rendering a vital piece of legislation a mere dead letter on the statute book.”
In the light of the above, the Court directed the FSO to, forthwith, 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 the Indian Forest Act 1927 of the scheduled land as a Reserved Forest latest by 31.12.2025.
The Court also clarified that there will be complete ban on all non-forest activities in the Morni Hills area till the completion of the process.
Mr. Ravi Sharma, Advocate,
Mr. Sandeep Singh Sangwan, Advocate and
Mr. Raywant Kaushish, Advocate for the petitioner.
Mr. Deepak Balyan, Addl. Advocate General, Haryana
Ms. Puneet Kaur Sekhon, Advocate for the applicant in CM-11760-CWP-2024.
Title: Vijay Bansal v. State of Haryana and others
