DHRUV SINGH JAMWAL Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of this writ petition the petitioner has laid challenge to the order dated 24.1.2002/5.2.2002 whereby the Collector, Kullu (respondent No.2 herein) has sanctioned and granted approval to exchange of 4 biswas of land situated in khasra No.610/1/1 in Phatti Dhalpur, Kothi Maharaja Kullu in favour of respondent No.5 in exchange of 4 biswas of land comprised in khasra No.2302/1813/1 in Phatti Balh, Kullu.

(2.) ADMITTED facts of the case are that 4 biswas of land belonging to the respondent No.5 in Gandhi Nagar, Kullu being part of khasra No.2302/1813 was utilized by the Municipal Council, Kullu for raising some construction. From the pleadings of the parties it is however not clear as to when this construction was raised by the Municipal Council on the land of respondent No.5 but it appears that the said construction was raised some times in the 1980's.

(3.) THE petitioner alleges that he has filed this petition in the public interest. According to him neither he nor the residents of the area were aware about this exchange. He further submits that at the time when the Municipal Council issued no objection to the exchange the brother of the respondent No.5 was the Vice-President of the Municipal Council, Kullu and is presently the President. This fact is not denied by the respondents. According to the petitioner there were some toilets which were existing on a part of khasra No.610/1. These toilets were demolished in September, 2005. It was not clear who had demolished these toilets and therefore a public body known as the Jagrook Nagrik Sabha Dhalpur sent a letter to respondent No.2 that the toilets had been demolished by some mischievous persons and the same may be got reconstructed. Thereafter, in May, 2006 the respondent No.5 started levelling part of khasra No.610/1 and the local residents objected to the same by sending a representation to the respondent No.2 on 16.5.2006 with copies to various persons and authorities. Since the respondent did not desist from the construction the petition has been filed in public interest.