File Photo: Bombay High Court
Mumbai:
The Bombay High Court today imposed a cost of Rs 50,000 on Maharashtra government for its stand to provide benefits to a veteran of the 1971 War.
The division bench of Justices Abhay Oka and AP Bhangale directed the government to deposit Rs 50,000 by June 30 in the bank account of Lt Col VM Karve and allot him an agricultural and residential plots of land near Pune by August 31.
During the Bangladesh war, Lt Col Karve was shot in the neck on December 12, 1971. He was awarded the 'Parakram Padak', on February 21, 1974.
He moved the High Court in 2013 after the state government failed to allot him land as per the policy.
During the hearing today, the judges asked the deputy secretary of the revenue department what was 'gallantry'. When the official could not reply, Justice Oka said "such people who do not even know what is gallantry will decide on eligibility."
The government resolutions of December 30, 1971, January 2, 1973, and March 28, 1973, lay out the policy of the state government for allotting lands to war veterans.
The 1971 Government Resolution provides for grant of lands to Armed Forces and Border Security Force personnel who have been wounded or disabled or who have received awards for gallantry.
The Government Resolution of January 2, 1973, says the benefit will be available to those who have been certified as having disability of 50 per cent or more.
The government had earlier decided to allot land to Lt Col Karve, which was later reversed.
On an affidavit filed by Swadheen Kshatriya, the Additional Chief Secretary, Revenue, said the proposal to grant land to Karve was cancelled because he could not produce a certificate showing that he had suffered 50 percent or more disability.
Lt Col Karve's lawyer SM Gorwadkar, however, pointed out that he was a recipient of Parakram Padak, and therefore he will fall in the category of those who had received the gallantry award, becoming eligible for land allotment.
The division bench of Justices Abhay Oka and AP Bhangale directed the government to deposit Rs 50,000 by June 30 in the bank account of Lt Col VM Karve and allot him an agricultural and residential plots of land near Pune by August 31.
During the Bangladesh war, Lt Col Karve was shot in the neck on December 12, 1971. He was awarded the 'Parakram Padak', on February 21, 1974.
He moved the High Court in 2013 after the state government failed to allot him land as per the policy.
During the hearing today, the judges asked the deputy secretary of the revenue department what was 'gallantry'. When the official could not reply, Justice Oka said "such people who do not even know what is gallantry will decide on eligibility."
The government resolutions of December 30, 1971, January 2, 1973, and March 28, 1973, lay out the policy of the state government for allotting lands to war veterans.
The 1971 Government Resolution provides for grant of lands to Armed Forces and Border Security Force personnel who have been wounded or disabled or who have received awards for gallantry.
The Government Resolution of January 2, 1973, says the benefit will be available to those who have been certified as having disability of 50 per cent or more.
The government had earlier decided to allot land to Lt Col Karve, which was later reversed.
On an affidavit filed by Swadheen Kshatriya, the Additional Chief Secretary, Revenue, said the proposal to grant land to Karve was cancelled because he could not produce a certificate showing that he had suffered 50 percent or more disability.
Lt Col Karve's lawyer SM Gorwadkar, however, pointed out that he was a recipient of Parakram Padak, and therefore he will fall in the category of those who had received the gallantry award, becoming eligible for land allotment.
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