The Allahabad High Court, on the petition filed seeking determination of state border of Uttar Pradesh and Uttarakhand, has directed the District Magistrates of Bijnor and Haridwar to send a team of revenue officers including SDM to Himmatpur Bela village of Bijnor and lay pillars to determine the border of the two states.
The Division Bench of Justice Saumitra Dayal Singh and Justice Manjive Shukla passed this order while hearing a petition filed by Gurpreet Singh.
The petition has been filed for the following reliefs:-
“(i) Issue a writ, order or direction in the nature of mandamus directing the Survey of India Geographical Department head office Dehradun to constitute Expert Committee along with Revenue Officers of District Bijnor, State of Uttar Pradesh and Revenue Officer of District Haridwar, State of Uttrakhand to demarcate boundary dispute of village Chandpur Bagar, Mauza Chakheri, Banuwala, Tehsil Luxor, District Haridwar and village Himmatpur Bela, Tehsil and District Bijnor.
(ii) Issue a writ, order or direction in the nature of mandamus directing the District Magistrate Hardiwar and Sub Divisional Officer, Luxor, District Haridwar, Uttrakhand not to make any demarcation of the Gram Sabha land Chandpur Bagar Mauza Khakheri, Banuwala, Tehsil Luxor, District Haridwar without constitute Joint Revenue Team of Revenue Officer of District Bijnor, State of Uttar Pradesh and Revenue Officer of District Haridwar, State of Uttrakhand.”
Upon hearing counsel for the parties, the dispute voiced in the petition is that some part of the land owned by him and in his possession falls exclusively within the State boundary of the State of UP. He neither owns any land in the State of Uttrakhand nor he is in possession over any land in the State of Uttrakhand. Yet, owing to certain doubts and differences as to the State boundaries between the two States i.e State of U.P and State of Uttarakhand, the petitioner claims illegal interference made by the State of Uttarakhand over his possession and cultivation on Khasra No 42 (m), measuring as area 1.0630 hect and Khasra No 16 (m) measuring as area 2020 situated at village Himmatpur Bela, Tehsil and District Bijnor, the Court noted.
In view of such facts, the Court found that no useful purpose would be served in involving the agencies of Union of India as the Standing Counsel for the State of U.P and Deputy Advocate General, for the State of Uttarakhand are in agreement that the issue may be resolved by the revenue authorities of the two States.
Accordingly, the Court disposed of the petition with the direction that the District Magistrate, Haridwar and the District Magistrate, Bijnor may designate appropriate Sub Divisional Magistrate and the revenue team comprising of officers working under them who may visit the village Himmatpur Bela, Tehsil and District Bijnor and determine and demarcate the points through which the undisputed boundary between the two States exists. Such exercise may be carried out in the presence of the petitioner on 23.1.2024. The petitioner will ensure his presence on the date and time fixed by the court.
“It is further provided upon completion of the exercise of demarcation of the State boundaries, appropriate demarcation pillars may be affixed if required, to demarcate any portion of land in dispute falling in the State of Uttarakhand.
If in that process of demarcation it is found that the petitioner is in illegal possession over any portion of land in the State of U.P, he undertakes to vacate the same forthwith”, the order reads.