War widow moves Bombay High Court for land promised 48 yrs ago

After failing to get justice for 48 years, a war widow who lost her husband in the 1965 Indo-Pak war has knocked on the doors of the Bombay High Court for the allotment of a plot that was promised by the state government for her livelihood.

 A division bench comprising justices VM Kanade and SC Gupte has issued notices to the state government, union government, Khed Municipal Council and Tahsildar, Khed in Ratnagiri district while hearing a petition filed by the 72-year-old widow, Indira Babaji Jadhav. “This is an unfortunate case of a war widow, who was promised by the then chief minister of Maharashtra and the highest state authorities that she would be given a land for her livelihood,” observed the judges while issuing the notices.

Jadhav, who resides in Chinchwad, Pune, lost her husband Babaji on October 27, 1965 at the battlefield in Ladakh, state of Kashmir. He was serving as a sepoy in the Maratha Light Infantry, Belgaum. At the time, Jadhav was pregnant but delivered a   stillborn baby, says her advocate Avinash Gokhale, adding that Jadhav was forced to take up tailoring after her husband’s death. Since 1970, Jadhav has worked as a primary school teacher in Ratnagiri while living in a rented house that cost her Rs45 per month, for nearly 11 years.

 According to the petition, Babaji had applied for the allotment of 10 acres of land to the then collector of Ratnagiri, under a provision that gave serving soldiers and ex-servicemen priority during the distribution of government land for cultivation. Unfortunately, however, Babaji passed away before the land could be allotted.

The then army general Ved Malik issued a certificate of merit to honour his sacrifice, while the army issued a badge that read, ‘For your tomorrow, he gave his today.’

Jadhav has attached a letter by the then prime minister Lal Bahadur Shastri expressing sympathy and condolence, to her petition. Advocate Gokhale says that Tahsildar, Khed, suggested the allotment of a plot in Khed which was sent to collector of Ratnagiri for approval. However, on March 12, 1987, Jadhav received a reply stating that same cannot be allotted.

 In 1994, Jadhav was offered another plot in the village Pomendikhurd. “Jadhav was reluctant to accept the same as the said plot of land was in an isolated place and had no medical facilities in the surrounding area,” states the filed petition.

In addition to this, Jadhav also seeks compensation for the mental agony, pain and suffering that was caused. “The petitioner is the 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,” explains Gokhale. The HC will hear the matter on December 2.

Pillar to post
Jadhav’s husband Babaji had applied for the allotment of 10 acres of land under a provision that gave serving soldiers and ex-servicemen priority during the distribution of government land for cultivation. However, he was killed in the 1965 Indo-Pak war before the allotment.

According to Jadhav’s lawyer, she was forced to take up tailoring after her husband’s death. She even worked as a school teacher in Ratnagiri while living in a rented house for 11 years.