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Haryana and Uttar Pradesh (Alteration of Boundaries) Act,1979

Act No : 31


Section : PRELIMINARY

HARYANA AND UTTAR PRADESH (ALTERATION OF BOUNDARIES ACT, 1979)

STATEMENT OF OBJECTS AND REASONS At present the boundary between the States of Haryana and Uttar Pradesh is partly fixed with reference to the boundaries of adjacent border villages and partly variable, being the deep stream of the river Yamuna which often changes its course. Out of the five border districts of Haryana and six of Uttar Pradesh, the boundary between Ambala and Kurukshetra districts of Haryana and Saharanpur district of Uttar Pradesh is fixed, and so is the boundary between Gurgaon district of Haryana and Mathura district of Uttar Pradesh. The deep stream of the Yamuna has all along been declared to be the boundary between Kamal and Sonepat districts of Haryana on the one side and Saharanpur, Muzaffarnagar and Meerut districts of Uttar Pradesh on the other, and also between Gurgaon district of Haryana and Bulandshahr and Aligarh districts of Uttar Pradesh.

2. Attempts were made from time to time in the past to replace the river boundary by a fixed boundary, particularly in the portion covering Ballabhgarh tehsil of Gurgaon district, but for one reason or another, these attempts remained inconclusive. Laterly, after the establishment of Haryana as a separate State, the disagreement between the two State Governments over the exact location of the river boundary between Gurgaon and Bulandshahr districts grew more and more pronounced.

3. With a view to settling once for all the problems arising out of the fluctuating boundary, then the Chief Ministers of Uttar Pradesh and Haryana had suggested to the then Home Minister, Shri Uma Shankar Dikshit, in May 1974 that the latter might agree to arbitrate in this matter in his personal capacity: and that the Award of his arbitration would be accepted by both the parties. Accordingly, Shri Dikshit gave his Award on 14th February, 1975, recommending the replacement of the variable boundary described therein. The Bill seeks to give effect to the Award.

4. Clause 27 of the Bill provides that the existing laws shall continue to be in force in the transferred territories until otherwise provided by a competent legislature or other competent authority. To facilitate identification of the transferred territories by the authorities who have to implement the laws, provision has been made for the demarcation of the fixed boundary on land and preparation and supply of maps to the Governments of Haryana and Uttar Pradesh.

5. The Bill also makes the necessary supplemental and incidental provisions relating to the representation in Parliament and State Legislatures, transfer of jurisdiction between the High Courts of Punjab and Haryana and Allahabad, authorisation of expenditure, apportionment of assets and liabilities and certain other matters.

6. As required by the proviso to Article 3 of the Constitution this Bill was referred by the President to the Legislatures of the States of Haryana and Uttar Pradesh for expression of their views.

7. The notes on clauses explain in detail the various provisions of the Bill. --See Gaz. of India, 15-5-1978 Pt. II, S. 2. Ext., p. 635.

An act to provide for the alteration of boundaries of the States of Haryana and Uttar Pradesh and for matters connected therewith. Be it enacted by Parliament in the Thirtieth Year of the Republic of India as follows:

PART 01: PRELIMINARY

OBJECTS AND REASONS Clause

2.- At present, the boundary between the Karnal and Sonepat districts of the State of Haryana and the Saharanpur, Muzaffarnagar and Meerut districts of the State of Uttar Pradesh in the northern sector and the boundary between Gurgaon district of the State of Haryana and the Bulandshahr and Aligarh districts of the State of Uttar Pradesh in the southern sector is the deep stream of the river Yamuna as it emerges after each rainy season. A survey of the river Yamuna was conducted by the Survey of India during 1971 -72.

In order to take into account any subsequent changes in the deep stream, the deep stream of Yamuna was again verified and determined by the Survey of India during the months of November. 1974, December, 1974. January, 1975 and February, 1975. Sub-clause (g) defines the "present deep stream line" which forms the basis of the fixed boundaries as defined in sub-clause (c).-S.O.R.



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