Punjab & Haryana High Court Orders ₹5 Lakh Compensation To Family Of India-Pakistan War Martyr Over Delay In Land Allotment

The division bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari observed:

“…that the State of Punjab shall forthwith make atonements, and, expiations for the gross apathy, which it has shown to the surviving members of the soldier, who laid down his life fighting for the nation. The said atonement shall occur only upon its forthwith remitting a sum of Rs. 5 Lacs to the petitioner, but as compensation, for the above procrastinated delay, and, for its devaluing the eminent services as a soldier in the Indian Army, as rendered by the deceased brother of the petitioner.”

The plea was filed by the petitioner (brother of the deceased soldier) to direct the State to make allotments of land to the family members of the deceased martyr and further relief for an entry in the revenue record.

The State in in its affidavit dated December 15, 2022 informed the Court the said relief sought by the petitioner has been made.

However, the Court noted:

“Be that as it may, the prolonged gross insensitivity, and, apathy evidently shown by the respondents concerned, to the family members of the deceased soldier, who laid down his life, fighting for the nation during the Indo-Pakistan war in 1971, is but required to be deprecated in the strongest terms.”

The Counsel for the State submitted that there was no policy in prevalence at the relevant time, when the brother of the petitioner laid down his life in fighting for the nation during Indo-Pakistan war.

The Court averred that non-existence of any policy was neither a sufficient cause nor a valid ground for the State, to not yet make a special grant, as a measure of honour, to the services done to the country, by the deceased soldier.

The Court observed:

“It was but needless for the brother of the deceased martyr, who laid down his life fighting for the nation, to become led to access the Courts of law. The said driving of the petitioner for relief, to the Courts of law, does decrease, and, devalue the eminent value of the services rendered to the nation by his deceased brother. Contrarily it was but expected, that all that was required to be done, was done but in prompt sequel to the allotment of possession of 3 biswas of land, being assigned to the father of the martyr in 1974. The evident inordinate delay but exemplifies gross apathy.”

Thus, the Court directed the state government to pay Rs. 5 lakhs as a compensation to the petitioner for the procrastinated delay and devaluing the eminent services rendered by the deceased brother of the petitioner as a soldier in the Indian Army.

Case Title: Sarbjit Singh v. State of Punjab & Ors.

Citation: 2023 LiveLaw (PH) 58

Coram: Justice Sureshwar Thakur and Justice Kuldeep Tiwari

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