Supreme Court Sets Aside Land Allocation to War Veteran’s Widow Due to Lack of Eligibility

The Supreme Court of India recently delivered a judgment in the case of State of Orissa & Ors. vs. Premalata Mohapatra (Dead) Through LRs, setting aside a High Court order that had directed the state to grant 5 acres of land to the deceased soldier’s widow. The ruling clarified that the claim was based on misleading assertions and that the deceased soldier did not meet the eligibility criteria for the land grant under government policies.

Background of the Case

The case involved a claim by Premalata Mohapatra, widow of late Umesh Chandra Mohapatra, an ex-serviceman, who sought land allocation based on a Government Resolution dated 14 May 1963. The resolution granted 5 acres of land to personnel who had served in forward areas during wartime. The widow filed a writ petition in 2007, contending that her husband had applied for land in 1967 but had not been granted possession.

The Orissa High Court ruled in favor of the widow, directing the government to hand over possession of 5 acres of land. The State of Orissa challenged this decision in the Supreme Court, arguing that the claim was based on false representations and that the deceased soldier did not meet the eligibility criteria.

Petitioner’s Arguments (State of Orissa)

The State of Orissa contended that:

The Government Resolution of 1963 was later modified by resolutions in 1969 and 2014, restricting land allocation to personnel who had served in forward areas between 26 October 1962 and 31 January 1964.
The deceased soldier’s service records showed that he had not served in the forward areas during the specified period.
The claim was based on manipulated documents, and an inquiry found irregularities in the process.
The government had already switched to providing monetary compensation in lieu of land due to the unavailability of land.

Respondent’s Arguments (Premalata Mohapatra)

The respondent argued that:

Her husband had served in the Indian Army and was entitled to the land as per the original 1963 resolution.
The delay in granting the land was due to bureaucratic inaction.
The government should honor its commitment to war veterans and their families.
The High Court had rightly directed the authorities to demarcate and hand over possession of the land.

Supreme Court’s Analysis

The Supreme Court examined the eligibility requirements under the government resolutions and found that:

The deceased soldier’s service records did not indicate that he had served in forward areas during the specified period (1962-1964).
The claim was based on misleading representations, and an inquiry had found discrepancies in the documents submitted by the respondent.
The land allocation policy had been changed to monetary grants, making the original request invalid.

The Court ruled:

“The entire claim is based upon misleading assertions to which the officers of the State Government also provided a helping hand. The deceased did not satisfy the basic requirement of having served the nation during the period of aggression from 1962 to 1964.”

Judgment and Conclusion

The Supreme Court set aside the Orissa High Court’s order and dismissed the writ petition, holding that:

The deceased soldier did not qualify for land allocation under the revised government policies.
The claim was not supported by valid service records.
The government’s policy to provide monetary compensation instead of land should be upheld.

This judgment underscores the importance of strict adherence to government policies in land allocation cases and ensures that benefits are granted only to eligible individuals.

Judges: The judgment was delivered by Hemant Gupta and V. Ramasubramanian.

Petition Result: Allowed

Petitioner Name: State of Orissa & Ors..
Respondent Name: Premalata Mohapatra (Dead) Through LRs.
Judgment By: Justice Hemant Gupta, Justice V. Ramasubramanian.
Place Of Incident: Orissa.
Judgment Date: 29-10-2021.

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