War widow may get land promised to her in 1971, thanks to Bombay High Court

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.