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Supreme Court of India 2021-10-29 allowed

State of Orissa & Ors vs Premalata Mohapatra (dead) through Lrs

Bench: 2 — Hemant Gupta

In Brief

The widow of an ex-serviceman claimed 5 acres of land based on her husband's alleged service in forward areas during the India-China War (1962–64). The High Court directed the Tehsildar to allot the land without verifying eligibility. The Supreme Court reversed the order, finding that RTI-obtained service records showed the deceased had not served in any forward area during the specified period; he was transferred to reserve in November 1962 and only recalled in February 1963. Since the Government Resolution explicitly required service during 26.10.1962–31.1.1964 with a Unit Command certificate, the claim was baseless. The appeals were allowed and the writ petition dismissed.

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Military Personnel Land Rights Right to Information Government Resolutions Ex-Servicemen Benefits Administrative Law

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