JASWANT RAI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for following substantive reliefs:-

(2.) Respondent No.5 was having land comprised in Khasra No.306/241/1 at Village Juddi Khurd, Tehsil Baddi, District Solan, which was required by Department of Industries, Himachal Pradesh for construction of a road. On negotiations, respondent No.5 agreed to transfer land comprised in Khasra No.306/241/1 to the extent of 1.5 bighas, in favour of department of Industries, Himachal Pradesh, in lieu of land comprised in Khasra No.378/307/241/1/2/1 measuring 1.5 bighas in the same Village proposed to be transferred by the said department in his favour.

(3.) Deputy Director of Industries, Single Window Clearance Agency, Baddi District Solan, on 9/9/2009 communicated a proposal for transfer of above noted pieces of land by way of exchange, to the Commissioner of Industries Himachal Pradesh. On 3/2/2010, the Commissioner Industries Himachal Pradesh forwarded the said proposal to Deputy Commissioner, Solan for grant of no objection in that behalf. The Deputy Commissioner-cum-Collector, Solan vide order dtd. 29/9/2010 approved transfer of land comprised in Khasra No.307/241/1/2/1 measuring 1.5 bighas in Village Juddi Khurd, Tehsil Baddi, in favour of Department of Industries subject however to the condition that the transfer would abide by the result of SLP No.1077/2006 pending before Hon'ble Supreme Court. It was further specified that in case the Department of Industries failed to utilize the land for the purpose, it was being transferred, the same shall revert back to the Department of Revenue free from all encumbrances.