The Punjab High Court in Balwant Kaur v/s State of Punjab and others (CWP-25871-2022), delivered on 4th May 2023, directed the state government to pay Rs 5 lakhs to the widow of an army personnel for forcing her to approach the court in a land allotment case. The judgement was presided by Honorable Mr. Justice Sureshwar Thakur and Honorable Mr. Justice Kuldeep Tiwari.
FACTS OF THE CASE:
The petitioner was a widow of a soldier who laid down high life fighting on the borders of the country. 10 access of land was allowed to the petitioner in the year 1997, in district Ludhiana.
In the year 2009, the said allotment of 10 acres was delivered to the petitioner. Later, it was discovered that out of the 10 acres to be allowed, only symbolic possession of 8 acres had been delivered, the rest 2 acres were said to be under forest cover. On account of this symbolic possession, a petition was registered. No revenue rasta was assigned to the petitioner.
JUDGEMENT:
The court held that a revenue rasta was allowed to the petitioner, but after immense delay in allotment. Given the valiant services of the late husband, the State should’ve taken prompt action in this regard rather than be apathetic to the requirements of the petitioner. The court also held that it was completely unnecessary for the petitioner to repeatedly access the courts for ensuring the honours bestowed upon the surviving members of a deceased martyr. Thereby, the court on account of indolence and lethargy, directed the government to pay ₹5 lacks to the petitioner.
JUDGEMENT REVIEWED BY ARYA THAKUR.
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