Bombay High Court seeks state's reply in 1971 war land allotment plea

More than 50 years after a decorated Indian Air Force officer fought for the nation in the 1971 IndoPakistani war his family still awaits land promised to them with the herorsquos 89yearold widowrsquos long fight for justice finally reaching the Bombay High CourtOn February 2 a division bench of the court comprising Justices MS Karnik and SM Modak issued notice to the state government regarding a petition filed by Minakshi Arun Kamat widow of Squadron Leader Arun Vithal Kamat who was awarded the Vayu Sena Medal Gallantry by the President on January 25 1974 The court directed the state to file its affidavit in reply within four weeks with the matter returnable on March 4According to Squadron Leader Kamatrsquos two daughters their father endured nearly ten months as a prisoner of war He returned home bearing deep scars suffering from severe posttraumatic stress and passed away on December 5 1982 while still on duty as wing commander at the Air Force headquarters in DelhiIn recognition of the sacrifices made by soldiers during the 1971 conflict the state government through a Government Resolution GR dated December 30 1971 had announced the grant of 10 acres of agricultural land and a 300sqm residential plot free of cost to armed forces personnel from Maharashtra who were wounded disabled or decorated for gallantry A subsequent GR dated July 8 1998 extended these benefits to the legal heirs of such personnel as wellDespite her husbandrsquos undisputed eligibility Minakshi Kamat received only a residential plot measuring 337 sq m allotted in July 1973 The more substantial benefit agricultural land meant to secure the familyrsquos future never materialised her petition states Official records reveal that in May 1978 the state had even conducted a lottery draw for allotting agricultural land to defence gallantry awardees Yet inexplicably Kamatrsquos name did not translate into an actual allotmentDaughters speakSquadron Leader Kamatrsquos daughters Shailaja Desai and Anjali Shah told midday ldquoOur father made the supreme sacrifice for the nation and was awarded the gallantry award for his exceptional bravery He was entitled to 10 acres of agricultural land in Punersquos Haveli taluka We have made several representations to the authorities over the years but nothing has come of this Our request is not merely an appeal for sympathy but a demand for what is legally oursrdquoAdvocatersquos ViewsAdvocate Rajeshwar Panchal who is representing the petitionerldquoThis case is not merely about land allotment it is about the state honouring a solemn promise made to the family of a decorated Air Force officer While the residential plot was granted as per the 1971 policy the agricultural land has been unjustly withheld for decades The high courtrsquos intervention underscores that welfare policies for war heroes cannot remain on paper they must be implemented in letter and spiritA nationrsquos gratitude towards its war heroes is measured not by announcements but by action In this case the widow of a gallantry awardee has been waiting since the early 1980s for the benefits promised under a 1971 policy The state cannot selectively implement welfare schemes meant for those who defended the country at the cost of their lives and careers We are confident that judicial scrutiny will ensure justice for the petitionerrdquoA wifersquos lamentMinakshi Arun Kamat wife of decorated Indian Air Force officerldquoThey promised land as recognition for my husbandrsquos gallantry award and his time as a POW in the 1971 war Decades later nothing has been given He served the country with honour his family is still waiting for what was assuredrdquoA tragic tale of justice deniedThe late Hundurao Ingale a 1971 war veteran from Satara returned home injured after fighting at the border only to face yet another battle for his rights at home Despite a Bombay High Court order in February 2018 Ingale had still not been allotted the land he was entitled to under the 1971 government resolution Frustrated with repeated delays Ingale was set to move contempt of court proceedings in the court against the Satara collector and the state revenue secretary for failing to comply with the order However as reported by midday in 2019 the veteran passed away without receiving the full benefits he had been promisedHundurao Ingalersquos last battleFebruary 2008 Ingale first appealed to the Bombay High CourtFebruary 2018 The court ruled in his favourJuly 2018 The court directed the state government to allot land free from litigationJanuary 2019 Ingale filed a writ petition in the court due to continued inactionFebruary 2019 The court directed Ingale to move contempt proceedings against the state and a R50000 fine was subsequently imposed on the state for noncompliance