Unending woes of war widows. ..Col Lamba

Unending Woes of war widows.

 Land allotments ..Promise & Announcement of  10 acres of land to war widows .on death of Hero.  These are .all promises but Babu's of district administration & revenue department do not bother  even court directions & land allotment promises  are not implemented.

Respected Sir.
A soldiers lays down his life for nation safety & security.
He gives his today for our tomorrow.
His wife is given big thumps up on the  Dias with a citation.
The hero has done his job .
Now it is turn of Nation to look after her & fulfil all promises

The War Widows Association came then became a registered NGO under the Socities Registration Act vide Registration No. 5230-1971-72. The following missionTo provide care& respectablevliving of war widows .
Land was given by Mrs Gandhi for Saheed Bhawan .
But widows never got justice.

It is sad that after death of Hero neither state government babu's nor forces Area/ Sub Area/ Station. HQ / Zila Sanik Board/ IESM bother about widows .But money goes where God only knows.

No action has been taken by government to punish these non performers.

I can say with thumping confidence that No one knows about the number of widows waiting for war zagir / Land  in various districts from MoD to down the chain at distract level DC/ Station HQ.

How shameful are such organisation & the height of dereliction of duty towards war widows.

I have listed below  few cases and court directions on the subject & goverment action for helping war widows but result is zero.

It is of no use as no one is accountable . The nonsense goes on & families suffer even for 50 years.

Recommendation.
1)Order all DC to put all pending cases to put on line.
2) Order all Zila Sanik boards to put pending cases on line.
3 )Order all command HQ/Area/ Sub Area/ Station HQ / DGR to put all pending Cases on line.
4) Order Revenue departments to put up full details on line.
5) Forces HQ to vet all details.
6) MoD & Sister ministries should create a portal .
7) DC& Local commanders to give monthly progress  report
8) The feed back should be forwarded to widows on monthly basis
9) No promotion / increment if no progress in 6 months
10) Sack if no progress in one year..
11) Jail officials  ( Civil admin & Force's )if no progress in 2 years.
12) Settle cases on line & disposal also on line.

Make it a dynamic one

Regards

Col lamba ( one man army )

..............
After a long wait, war widows, families sit on dharna

Posted at: Apr 12, 2016, 2:20 AM
Last updated: Apr 12, 2016, 2:20 AM (IST)
Kin of Army martyrs during a protest in Patiala on Monday. Tribune photo: Rajesh Sachar
Kin of Army martyrs during a protest in Patiala on Monday. Tribune photo: Rajesh Sachar
Tribune News Service

Patiala, April 11

Having exhausted all other options, widows of 1962 and 1965 war martyrs today sat on a dharna to press for their pending demands with the state government at the Mini-Secretariat complex here.

Bant Kaur, who lost her husband Pyara Singh in the 1965 India-Pakistan war, and Surjit Kaur, the widow of Jangir Singh who died in the 1962 Indo-China war, are running from pillar to post to get financial justice. As many as 20 other such war widows have also joined the protest that would continue outside the DC office.

War widows said their protest should not be politicised but their “pending pension and other promised assurances be given to them”.

There are at least 60 such pending cases in Punjab. Three pertained to Patiala. While one died in penury the other two are continuing the fight for their rights.

A letter from the Director, Defence Services Welfare Department, written in 2015 informed these widows that “their cases are pending along with 60 other similar cases as no decision has been taken by the government”.

“I have worked as a daily wager and even washed utensils to earn a livelihood waiting that someday I would be given the promised 10-acre land. Despite writing letters and raising our issue time and again, all we hear is that the government is yet to clear 60 odd cases of war widows residing in Punjab,” rues Bant Kaur, who resides in Duladdi village.

“Fed up with the whole system, I would now be leaving my home and sit on a regular dharna till the Chief Minister intervenes,” she adds.

Meanwhile, the State Ex-servicemen Welfare Association (SEWA), Punjab, has decided to extend support to the protesting widows. The dharna will continue till the issue is taken to its logical end. Some political parties also contacted to extend support but the families had politely declined, the association claimed.

- ......

50 years on, no promised land for war widows in Chandigarh

Ajay Sura | TNN | Mar 13, 2015, 06.30AM IST

CHANDIGARH: Harvinder Kaur, 77, of Jandusingha village, near Jalandhar, and 82-year-old Nakodar-based Sibbo maybe separated by many kilometers, but they are fighting the same battle. Both are war widows who have been waiting for nearly five decades to get the land allotted to them in recognition of the gallantary of their braveheart husbands in the 1962 Indo-China war. They are not the only ones.
These widows, injured soldiers and dependents are entitled to land under the Punjab Package Deal Properties (Disposal) Rules, 1976, according to which the Punjab government was to give 10 acres of cultivable land to permanently disabled soldiers, widow or parents or children of soldiers killed in the Chinese aggression of 1962 and the Pakistan aggression of 1965 and widows of those killed in the Indo-Pakistan war in 1971.

As per data procured from Director Sainik Welfare Punjab through RTI, 161 cases of land allotment to war widows and soldiers injured in 1962, 1965 and 1971 wars are still pending before the state government.
Harvinder Kaur's tale mirrors that of many others. Her husband Sepoy Ajit Singh of Sikh regiment had attained martyrdom in NEFA during Indo-China war, and the authorities had sent her a letter in 1966 promising 10-acre land in recognition of his gallantry. She has heard nothing after that.
Sibbo, who has had to struggle to bring up her three kids on the meagre pension after the death of her husband in 1962 war, points out that her three sons would not have been forced to take up labourer's jobs if the government had provided land at the appropriate time. Her case is pending before the authorities for the last 50 years.
Getting the promised land would have made a lot of difference for Sepoy Amrik Singh of Jalandhar, who was injured during the 1965 war at the age of 20 and discharged from the Army on account of disability. "On March 15, 1973, I had applied for the land as per the Punjab government policy. I was assured by the state authorities twice about the allotment of land, but recently revenue officials informed me that that my file is not traceable. I am at the fag-end of my life and if nothing has happened in decades, I don't think I will be able to get the land in my lifetime," said the 70-year-old.
Documents with TOI show that out of 161 cases, 29 war widows had approached the authorities for land allotment between 1962 and 1976, and the remaining 132 widows and injured soldiers and their dependents had applied between 1971 and 2010.
Out of these, some widows or dependents of martyrs sought judicial intervention. A bunch of petitions are still pending before the HC, seeking directions to get the land under state's policy.
A scheme voluntarily announced by the state in recognition of their bravery should be fulfilled by the state immediately.
"Information received sometime back revealed that the state has around 2.72 lakh acre spare government land, out of which 82,000 acre is under illegal occupation of influential persons." Sohi added.
Sergeant Govind Singh (retd) of Jalandhar, who had procured the RTI information, said that several widows are living in a pathetic condition and cannot approach courts or visit offices in Chandigarh to fight for their right. He said the Punjab government has done nothing despite thousands of representations by Sainik welfare boards.
Brigadier JS Arora, Director Sainik Welfare department, Punjab, said his office is just a verifying agency and it is the duty of revenue department to clear the cases.
........
1971 war martyr's 'widow' still waiting for relief

Forty-four years after the Indo-Pak war in 1971, Punjab native Jasbir Kaur is left to wonder whether her husband, Major Kanwaljit Singh, is dead or still alive.

Major Singh was honoured with the country's third highest gallantry award - the Shaurya Chakra - for bravery. But, when his 'widow' applied for 10 acres of cultivable land as per policy, the Central government said that he may be still alive as prisoner of war in Pakistan.

Kaur has a letter dated February 3, 1973 written to her by then prime minister Indira Gandhi expressing condolence on the 'death' of her husband. She also has a letter from Gen G C Bewoor of the Army Headquarters condoling the death of the brave officer.

However, a recent affidavit filed in the Punjab and Haryana High Court in Chandigarh states that the two letters, including one by Indira Gandhi, were written on 'presumption' that the officer had died and the Army has in fact not declared the officer dead.

The case, which is now due to come up for hearing on April 10, was filed by Kaur sometime ago seeking 10 acres of cultivable land as per policy. But the affidavit filed by the Punjab government tends to disregard the claim of the 'widow.'

The affidavit states that as per the communication by the Ministry of External Affairs, Major Kanwaljit Singh was languishing in a Pakistani jail as a prisoner of war. The government also says the letters sent by Indira Gandhi and the Army headquarters were demi-official letters on the presumption that the officer was dead.

Kaur has submitted to the High Court, Indira Gandhi's hand written letter which said: "The entire country is with you in your hour of shock and grief and crores of Indian brothers were indebted to Major Kanwaljit Singh, who sacrificed his life for the defence of the nation".

Kaur has been seeking directions to the Punjab government to honour her husband by allotting cultivable land up to 10 acres to her under the rules that provide for such land to the legal heirs of Army personnel killed in wars with China or Pakistan.

Believed to have been captured from the Punjab border on December 3, 1971, Major Singh had displayed courage of high order the same year in February when he saved many lives by hurling a grenade back at Pakistani soldiers.
- ......

HC ends wait of 1965 war widow for plot of land

Court asked the state govt to pay Rs 75,000 as cost for failure to provide a residential and an agricultural land to her.

MUMBAI |
PUBLISHED ON:AUGUST 6, 2014 9:49 AM
By: Amir Khan

After almost 50 years of running from pillar to post to get her entitlement, a 72-year-old war widow living in Pune got some relief with the Bombay High Court on Tuesday asking the state government to pay Rs 75,000 as cost for failure to provide a residential and an agricultural land to her.

She had lost her husband, a sepoy in the Maratha Light Infantry, on October 27, 1965 in Ladakh.

Justices A S Oka and A S Chandurkar directed the state Chief Secretary to take cognisance and see to it that similar cases are dealt with effectively.

“Hope and trust the Chief Secretary and state officers will take immediate steps for grant of relief and such people should not be driven to the court,” remarked the bench.

Before he was killed in the battlefield, Babaji Jadhav from Khed Taluka in Ratnagiri district had applied for allotment of a 10-acre plot, to the then collector. This assistance was under a state provision giving priority to soldiers during distribution of cultivable land.

After he was martyred, the state suggested that residential land be given to his widow Indira. However, she was informed in 1987 that the allotment cannot be done.

The collector of Ratnagiri had earlier told the court that Indira had been allotted a land in Ratnagiri city. He, however, said the widow was being asked to pay the market cost of the land as per 2001 ready reckoner rates amounting to Rs 47,000.

The court had expressed displeasure at the state’s attitude when dealing with the martyr’s widow. The court observed that she had had failed to get justice. Indira’s lawyers — Avinahsh Gokhale and Mayuresh Modgi — told the court that due to her deteriorating health, she was in hospital.

Indira, they said, had taken up the job of a primary school teacher in Ratnagiri due to lack of financial assistance.

While making references to the relevant Government Resolutions (GR), the court on Tuesday said that the state should adjust the price of the land as per the ready reckoner rates of 1998 and not 2001.

“State should ensure the cost (75,000) should be deposited in the pension account within six weeks from today… The payable amount (for land) should be deducted from the cost amount,” the court ordered. The state should hand over possession of the land within six weeks from Tuesday, said the court.

Indira will now have to pay 50 per cent of the market price of the land – a 300 sq m plot – in Khed, Ratnagiri. This amount will be adjusted with cost imposed on the state.

The court also directed the district collector to obtain a formal application from Indira within two weeks so that she can take possession of the 10-acre cultivable land.
.......
Punjab-Haryana High Court

Pushpa Rani vs Deputy Commissioner on 2 November, 2012

Civil Writ Petition No. 5412 of 2012 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No. 5412 of 2012
Date of decision : 02.11.2012
Pushpa Rani
.....Petitioner
VERSUS
Deputy Commissioner, Patiala and others
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. G.S. Nagra, Advocate
for the petitioner.
Mr. Sandeep Goyal, Addl. A.G. Punjab
for the State
****
RANJIT SINGH, J.
A war widow is forced to approach the Court again to get an illegal condition as imposed removed from the allotment of land as ordered in her favour. Earlier she had to struggle to get the land allotted as per the promise made by the Government. This is not the manner in which Nation should pay a gratitude to the person who sacrificed his life for the Nation? Why there should be a need for war widow to approach the court for getting something which was promised by the Government due to extreme sacrifice made by the late husband of the petitioner.

Petitioner-Pushpa Rani is a war widow being wife of late L/N Ram Sarup, who died in Indo-Pak-War. Even after 40 years, she is still struggling to get what was promised by the Government. The petitioner was allotted land on 24.11.1977 in Village Khandali, Tehsil Rajpura, District Patiala by Tehsildar, Rajpura. But later on it revealed that the land was transferred to the occupants. The petitioner, accordingly, was compelled to approach this Court through CWP No. 16349 of 2006 for alternative allotment of land. On 04.09.2009, petitioner was allotted land measuring 80 kanals 0 marla in Village Chicharwal, Tehsil Patran, District Patiala. The petitioner was handed over possession on 31.10.2009. Conveyance Deed was issued in the name of the petitioner on 16.11.2009 and accordingly, CWP No. 16349 of 2006 was disposed of.

The petitioner subsequently submitted representation being aggrieved against condition contained in the Conveyance Deed dated 16.11.2009 where it is stipulated that the petitioner can not sell this land for 10 years from the date of allotment. This condition was contrary to Rules. Rules framed by the Punjab Government under the Punjab Package Deal Properties (Disposal) Rules, 1976 were amended in 1979. Despite reminders, no action has been taken. The petitioner had again been forced to approach this Court through present writ petition.

No reply in this case has been filed in response to notice of motion. Today, State counsel submits that the prayer only is to decide the representation which the petitioner has filed for deleting this clause contained in the Conveyance Deed which the respondent would decide. He pleads that the writ petition can be disposed of accordingly.

It is noticed that the petitioner had to struggle to get an allotment of this land which was her right to which she was entitled on account of sacrifice made by her husband while participating in Indo-Pak-War. A war widow, in my view, deserve much more better respect than what is being shown by the State or its agencies. War widow cannot be treated as someone who is asking for some alms or favours. The Government on its own had decided to bestow this honour to the widows of those soldiers who had sacrificed their lives for the sake of Nation. If such war widows have to struggle to get allotment of land which is promised and then are forced to approach the Court again and again for one reason or the other to ensure reasonable and just treatment then it would rather be sad state of affairs which is in a bad taste.

The State has not even bothered to respond. The counsel representing the State rather is seen acting in a manner which may still leave the petitioner/war widow without any effective relief. Representation most likely would be rejected and it would leave the war widow without any relief. This move is made with obvious intent to avoid decision, which is bound to lead to another round of litigation. Some better attitude and response could be expected from the State and its counsel atleast in such like cases. Further intent became quite apparent when the State counsel opposed the order which was being passed while allowing the petitioner. The counsel opposed the same by saying that such a condition could be legally imposed. Why fake like this? If that is the stand, why ask for deciding the representation and invite other round of litigation. That perhaps is what ails our system. It would, therefore, be appropriate to issue direction rather than leaving the matter to the State which may lead the petitioner again in the situation requiring her to approach the Court for deleting this condition from the conveyance deed. I am not inclined to grant further opportunity to State to file reply. The State has shown scant respect to the sacrifice made by husband of the petitioner.

Let us now consider if such a condition could be imposed in the conveyance deed. Clearly, the State has imposed this ban on the right of the petitioner to alienate this land, which is allotted to her by ignoring the rule position. The widows of the disabled soldiers killed in aggression were entitled to allotment of land upto 10 acres of cultivable land to be fixed by the State Government in terms of Rule 4

(i) of Part II of Punjab Package Deal Property Act, 1976. Rule 4.1 (v) did make a provision that no allottee shall be permitted to sell or alienate in any manner the land allotted to him or her before the expiry of a period of 10 years even if the full price has been paid. However, Rule 4 and sub rule (i) thereof have been deleted vide notification dated 20.1.1979 published in the Punjab Gazette dated 16.02.1979 and the clause (vi) has been renumbered as clause (v). Since the conveyance deed has been executed after the amendment of the rules, there would not be any legal force behind imposing this condition in the conveyance deed, the deletion of which the petitioner has prayed for. The State Government could be expected to be atleast clear about this aspect of the law even before imposing such condition. Rather, the imposing of this condition without any authority of law has resulted in harassment and unnecessary litigation by a war widow, which was clearly avoidable. Why should there be such a condition when the allotment is to recognise the sacrifice made by a soldier. This can not be equated with normal allotment etc. under the Act.

Accordingly, the prayer made in the petition deserves to be allowed. The condition contained in the Conveyance Deed is ordered to be deleted herewith. The writ petition is allowed. Since the petitioner has been made to fight this uncalled for litigation, she is held entitled to costs, which is assessed ` 10,000/-.

November 02, 2012 ( RANJIT SINGH )
reena JUDGE
...........

Urvi Mahajani.

A 72-year-old war widow's long wait for a piece of land may finally come to an end with the intervention of the Bombay High Court, which rapped the state government for failing to allot a 10-acre plot even after giving her multiple assurances.

A division bench of justices Abhay Oka and AS Chandurkar on Tuesday warned the collector of Ratnagiri to allot the land to Indira Jadhav by August 4, failing which it will impose heavy cost.

"This is a fit case where cost will be awarded in six figure amount, if on the next date, we don't find that the allotment has been made," remarked justice Oka.

Dna had reported on October 2013 how Jadhav had to knock the doors of the HC after failing to get justice despite letters from former prime minister Lal Bahadur Shastri and army chiefs. She filed the petition through advocate Avinash Gokhale.

To judges were dismayed to learn from Gokhale that the collector had recently asked Jadhav to pay 2014 market rate for the allotment though the assurance to give her the land had been made way back in 1971.

The judges slammed the state, saying the government should fulfil its commitment before being told by anyone to do so. "Such matters should not be argued by anyone in courts. Lal Bahadur Shastri had written condolence letter to the widow but now your collector is asking for 2014 market rates for allotment," said justice Oka.

Additional government pleader Molina Thakur agreed that it was fit case for allotment of land and assured that she would speak to the collector concerned. "This is a fit case which deserved allotment. I will speak to the collector about the rates," said Thakur.

In addition to the plot, Jadhav has also sought compensation for the mental agony, pain and suffering that she has endured over four decades. "The petitioner is a war widow, whose statutory right to plot of land has been infringed which is, in turn, a part of right to life and personal liberty," said Gokhale.

Govt in the land of Nod

Jadhav, who now resides in Pune, lost her husband Babaji, a sepoy in the Maratha Light Infantry, Belgaum, on October 27, 1965 in Ladakh. At the time, Jadhav was pregnant, but later delivered a stillborn baby, said advocate Gokhale. With no support coming in, Jadhav took up tailoring before getting the job of a primary teacher in Ratnagiri. Before he was martyred, Babaji had applied for allotment of a 10-acre plot to then collector of Ratnagiri under a provision that gave soldiers priority during distribution of government land for cultivation. First, officials suggested that Jadhav be given land in Khed, but informed her in 1987 that the allotment could not be done. In 1994, Jadhav was offered a plot in Pomendikhurd which the widow could not accept as "it was in an isolated place and had no medical facilities in the vicinity". Since then, it's been an endless wait for Jadhav.

via Daily News & Analysis
.................

URVI MAHAJANI | Tue, 5 Aug 2014-06:55am , dna
Dissatisfied with Maharashtra government's explanation for not providing land to a war widow since 1971, the Bombay high court has said it will impose exemplary cost on authorities concerned and direct an

inquiry against the officers concerned.

A price to pay A division bench of justices Abhay Oka and AS Chandurkar has kept the petition filed by the 72-year-old war widow for passing order on Tuesday.

The judges have stated that they will impose severe costs on the authorities concerned, who have failed to allot her the 10-acre plot in Ratnagiri, even after giving her multiple assurances.

dna had reported in October 2013 how Jadhav had to knock the doors of the HC after failing to get justice despite letters from former prime minister Lal Bahadur Shastri and army chiefs. She filed the petition

through advocate Avinash Gokhale.

Atrocious demand The collector, Ratnagiri, who was present in the court, said that they have allotted a land to Jadhav in Ratnagiri city.

However, they are asking Jadhav to pay the market cost of the land as per 2001 which is Rs 47,000. The current market rate of the land is approximately Rs 30 lakh.

Why are the judges angry?

Irked by this, the judges said that the allotment should be made free of cost. "At the most, you can allot land at the rate of 1998 as per the government resolution. You can't charge her 2001 market rates,"

said justice Oka.

The judges were even angry with the fact that the insensitive officials took no concrete steps were taken on Jadhav's applications for land allotment.

Variety of inconveniences According to Jadhav's application, she was forced to take VRS from her service, where she was working as primary school teacher. Since she could not afford rent she had then shifted to an Ashram in Kolhapur.

In addition to the plot, Jadhav has also sought compensation for the mental agony, pain and suffering that she had to endure over four decades.

Jadhav, who now resides in Pune, lost her husband Babaji, a sepoy in the Maratha Light Infantry, Belgaum, on October 27, 1965 in Ladakh.
.............
War Widows Association, New Delhi, India
In the 1970 Indo-Pak war, a large number of soldiers laid down their lives for the nation. Many families lost their bread winners, and women and children were in great distress.

Some women who recalled the trauma of the 1965 conflict deliberated with others, including Chairperson Dr V.Mohini Giri, Padma Bhushan, on the impact on women and children. As a result of this, The War Widows Association came into being.

Some members of the group met with Prime Minister, Mrs. Indira Gandhi, who agreed to allot space and give financial aid for the construction of “Shaheed Bhawan”. The War Widows Association came then became a registered NGO under the Socities Registration Act vide Registration No. 5230-1971-72. The following mission became its mandate:

To ensure for widows of war and armed conflict, their human rights to live a respectful life even after their loved ones are no more.

This involves a continuous struggle to provide economic and emotional support, guidance and assistance to war widows so that they can be comfortably rehabilitated in society.

WWA works for the welfare of the war affected families. We guide and advise family members to become economically independent. We generally do all such things as may be incidental or conducive to the attainment of the above objective.

Indira Gandhi
Indira Gandhi allots space for "Shaheed Bhawan"
.......