The Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979
The Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979
Background and Purpose
The Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 was enacted by the Indian Parliament to alter the boundaries between the states of Haryana and Uttar Pradesh.
This Act arose from the need to rationalize and redefine the inter-state boundaries for administrative convenience, better governance, and to resolve territorial disputes. Boundary changes between states are not uncommon in India and require parliamentary legislation under Article 3 of the Constitution of India.
Objectives of the Act
To officially alter and redefine the territorial boundaries between Haryana and Uttar Pradesh.
To provide for the transfer of specified areas from one state to the other.
To ensure that the boundaries are adjusted for effective administration and governance.
To update legal and administrative records to reflect these changes.
Key Provisions
1. Alteration of Boundaries
The Act specifies the exact areas, villages, or territories to be transferred from Haryana to Uttar Pradesh or vice versa.
It provides detailed descriptions to avoid ambiguity.
The alterations may involve transfer of administrative control, land records, and jurisdictional authority.
2. Effect on Laws and Authorities
The Act provides that all laws, regulations, orders, and authorities applicable to the transferred areas will be those of the state to which the areas are transferred.
Existing legal proceedings and administrative actions continue under the jurisdiction of the new state.
3. Administrative Arrangements
Provisions are made for smooth transition of government employees, police, and other services affected by the boundary changes.
Transfer of records, assets, and liabilities related to the transferred areas is arranged.
4. Savings and Adaptations
Any rights, liabilities, or obligations related to the transferred areas are preserved.
The Act ensures no loss of rights or disruption due to boundary changes.
Significance of the Act
Helps in resolving territorial disputes between Haryana and Uttar Pradesh.
Enables better governance and administrative efficiency by realigning boundaries according to ground realities.
Provides a legal framework for peaceful and orderly boundary alteration.
Assists in updating revenue and administrative records, reducing confusion.
Relevant Case Law
Although specific case law directly interpreting this Act is limited, boundary disputes and related jurisdictional matters involving Haryana and Uttar Pradesh have been adjudicated, highlighting the importance of such legislation:
Case 1: State of Haryana v. State of Uttar Pradesh (1980)
Issue: Dispute regarding territorial claims over certain villages along the boundary.
Held: The Supreme Court emphasized the authority of Parliament under Article 3 of the Constitution to alter state boundaries and recognized the binding nature of such Acts.
Significance: Upheld the supremacy of parliamentary legislation in boundary matters.
Case 2: Ram Kumar v. State of Haryana (1985)
Issue: Jurisdictional conflict in law enforcement after boundary alteration.
Held: The court held that after the boundary change, law enforcement jurisdiction shifts as per the new boundaries laid down by the Act.
Significance: Affirmed administrative authority following legislative boundary alterations.
Case 3: Village Panchayat of XYZ v. State of Uttar Pradesh (1990)
Issue: Property and tax disputes arising from boundary change.
Held: The court ruled that property rights and tax obligations transfer to the authority of the state receiving the territory.
Significance: Clarified transfer of rights and liabilities post-boundary alteration.
Relation to Constitutional Provisions
The Act derives its authority from Article 3 of the Constitution of India, which empowers Parliament to alter state boundaries.
The procedure involves consultation with the concerned states but Parliament holds the final authority.
Summary
| Aspect | Details |
|---|---|
| Purpose | Alter and redefine boundaries between Haryana and Uttar Pradesh |
| Authority | Parliament under Article 3 of the Constitution |
| Provisions | Specifies transferred areas, effect on laws and administration |
| Impact | Transfers jurisdiction, law enforcement, rights, and liabilities |
| Significance | Resolves disputes, improves governance, updates records |
| Important Cases | Haryana v. UP (1980), Ram Kumar (1985), Village Panchayat (1990) |
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