HC directs survey of Yamuna course, boundary delineation between Haryana, UP

The Punjab and Haryana High Court has directed the Surveyor-General of India to carry out a comprehensive study of Yamuna's shifting course and its impact on the territorial boundaries between Haryana and Uttar Pradesh. It has been asked to collaborate with the revenue agencies of the two states for the purpose.

“Directions are passed to the Surveyor-General of India to, with the help of both the revenue agencies in the State of Haryana and in the State of Uttar Pradesh, undertake the exercise of studying the pattern of changes in the course of river Yamuna and the consequential effects thereof on the territories respectively falling in the State of Haryana and the State of Uttar Pradesh,” Justice Sureshwar Thakur and Justice Vikas Suri said.

The Bench also issued directions to trace revenue records on transfer of “disputed area” from UP to Haryana before updating the “record of rights”.

The court also directed the carrying out of detailed measurement of the area before proceeding with the erection of boundary pillars along the newly determined territorial lines.

The ruling came in a case where landowners possessing 300 bighas in Manjhawali village of Haryana were seeking correction of the revenue records concerning the land's ownership and cultivation status. The Bench was told that the land was located near the Yamuna banks. The land came under the jurisdiction of UP after the river over the years changed its course. The UP revenue records were transferred to Haryana in 1984 as part of a settlement under the Dixit Award. But the state's revenue officials failed to properly update the records.

The Bench asserted it could not be definitively stated at this point whether the course of the river had remained unchanged since the last century. It was unclear if changes in the course led to the accumulation of “alluvion or diluvion” deposits, which may have settled in villages now in Haryana.

“The records in this regard, if any, are in Urdu or in Persian. They are, thus, required to be initially translated. The court acknowledged the extensive work required to translate and update these records before stressing that accurate measurements were required to be conducted for the rightful settlement of property rights in the affected areas. Once completed, the updated records would reflect the true ownership of the land, respecting the riparian rights of the estate holders," it said.

The court also directed the revenue officials concerned in Uttar Pradesh and Haryana to locate and present any missing land records. Failure to do so would prompt action against the erring officials.