The Punjab High Court, in Sarbjit Singh v/s State of Punjab and others (CWP No. 9825 of 2022), delivered on 16th March 2023, held that Rs. 5 lakh compensation would be granted in land allotment delay to the family of a deceased Indian Army Soldier, martyred in the Indo-Pakistan war in 1971. The judgement was presided by Honorable Mr. Justice Sureshwar Thakur and Honorable Mr. Justice Kuldeep Tiwari.
FACTS OF THE CASE:
The brother of the deceased martyr laid a plea before the court for allotment of land to the family of the deceased martyr. The learned counsel for the state submitted that this policy was not prevalent at the time of the passing away of the petitioner’s brother in the war. The father of the martyr was awarded with 3 biswas of land in the year 1974.
JUDGEMENT:
The Court held that non-existence of policy was not a sufficient ground or a valid ground for to not make the grant to the petitioner, who fought valiantly, protecting the borders of the country. It was further held that, merely granting 3 biswas of land was insufficient and a validly drawn instrument or sanad was to be handed to the father of the deceased, as a proof of land security. The Court took into account the gross apathy and indolence of respondent state. Further, a sum of Rs. 5 lakhs along with the allotment of land was announced on grounds of procrastinated delay and for devaluing the eminent services as a soldier in the Indian Army.
JUDGEMENT REVIEWED BY ARYA THAKUR.
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