Jaswant Kaur vs State Of H.P. & Others

L. Narayana Swamy, CJ

The case of the petitioner is that the land comprised in Khasra No. 588/1, measuring 00-02-79 hectares and Khasra No. 590/1, measuring 00-00-90

hectares, situated in Mohal Trambali, Phati Kharahal, Tehsil and District Kullu and the land comprised in Khasra No. 6602 (Now Khasra No. 475),

measuring 00-03-64 hectares, situated in Mohal Gharakar, Phati Kharahal, Kothi Kais, Tehsil and District Kullu, H.P. has been acquired by the

National Highways Authority of India for widening etc. of National Highway-21, Ner Chowk to Manali. The further case of the petitioner is that after

acquiring the aforesaid land by the State Government, now the petitioner is left only with a small piece of land measuring about 5 biswas, comprised in

Khasra No, 588/1 & 590/1, which is useless because while carrying the widening etc. of National Highway-21 Ner Chowk to Manali, the

respondents-State have thrown debris, stones and bushes etc. in huge quantity thereon. Now, he wants to change this piece of land with the

Government land comprised in Khasra No. 482, situated in Mohal Gharakar, Phati Kharahal, Kothi Kais, Tehsil and District Kullu, H.P., which is lying

vacant.

Learned Counsel for the petitioner submits that in this regard, the petitioner had made a representation (Annexure P-10) before the respondents

Authorities, which was rejected.

Learned Additional Advocate General submits that the petitioner had made the representation for exchange of his land with the Government land,

which was duly considered and rejected by the respondents-State. He, therefore, prays that this petition may be dismissed.

It appears from the record that the land of the petitioner has been acquired by the National Highways Authority of India and now, he has been left

only with a small piece of land, which is now useless. So he wants to exchange the said piece of land with the Government land and in this regard, he

had also made a representation before the respondents-State.

In the facts and circumstances of the case, we deem it proper to dispose of this writ petition by directing the respondents- State/Competent

Authority to consider the case of the petitioner for exchange of his land with the Government land and pass appropriate orders, in accordance with

law, within a period of three months from today. Ordered accordingly.

Accordingly, the writ petition is disposed of alongwith pending application(s), if any.