Punjab: HC directs AAP Govt to pay Rs 5 lakhs to soldier’s widow for forcing her to move court in land allotment case

The Court said the Punjab Government’s “indifference and indolence” is required to be deprecated in the strongest terms

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Shreeyash

The Punjab and Haryana High Court has directed the Bhagwant Mann-led Punjab Government to provide Rs 5 lakhs compensation to a soldier’s widow, Balwant Kaur, for the “indolence and lethargy” for not providing any revenue rasta for the land allotted to her in honour of her martyred husband’s gallantry.

The widow was allotted 10 acres of land on August 8, 1997, at Khera Bet village in Ludhiana district in honour of her martyred husband’s gallantry. However, it subsequently emerged that out of the 10 acres of land only symbolic possession was assignable to her for 8 acres of land and the rest 2 acres of land was under a forest cover.

The Court decided, “In consequence, this Court as a compensatory measure towards the present petitioner, for the above indolence and lethargy, on the part of the officials concerned, besides for the petitioner being led to repeatedly access this Court, thus directs the State of Punjab to forthwith remit a sum of Rs.5 lacs into the savings bank account of the petitioner.”

The Court noted, “However, the petitioner was not assigned any revenue rasta, for enabling her to fully utilize the land, and/or, for her becoming enabled to exercise her indefeasible easmentary rights, and, that too despite directions being made on 08.04.2015, by the Director, Land Records, Punjab, to the Revenue Officer-cum-Consolidation Officer, Ludhiana.”

The Court noted that no revenue rasta being assigned to the widow of deceased martyr, who laid his life fighting for the country, brings the ill consequence qua the said allotment being completely purposeless, as she became evidently disabled to enjoy the allotted land.

Furthermore, the Court said, “The valiant services of able soldier of the Indian Army, who is the deceased martyr of the present petitioner, but required to be not dealt with gross apathy, and, indifference, rather required that the honour which is to be bestowed, upon his surviving family members, thus becomes bestowed with utmost promptitude besides with lack of indifference and apathy.”

The Court said, “However, as above stated the above requirement of prompt honour(s) becoming bestowed, upon the surviving members of a martyr or to a soldier who laid his life fighting for the country, is completely amiss.” Furthermore, the Court said the Punjab Government’s “indifference and indolence” is required to be deprecated in the strongest terms.

The Court said, “Moreover, the petitioner being led to access this Court, and, that too repeatedly rather for ensuring that the honours bestowed upon the surviving members of a deceased martyr, become fully potentialized was also completely unnecessary.”

The Court observed, “Since evidently she has been so driven. Therefore, for the petitioner becoming unnecessarily dragged into litigation, and, that too repeatedly, thus requires that direction(s) to monetarily recompense, the petitioner, becoming rendered upon the respondents concerned.”

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