Supreme Court Said- Rajasthan High Court Heard The Matter Of Land Possession Improperly
It is seen in the court proceedings that the High Court took a special interest, not only in allotment of the land but in allotment of the same land which was being talked about in 1971 and which is now with the National Highway.
Setting aside the order of the Rajasthan High Court allotting land to the widow of a war-crippled soldier, the Supreme Court observed that the High Court had heard the matter in a "completely unfair manner". Also said that the High Court went out of its purview and got possession of the land, while the allotment letter was not even issued to the widow for giving the land.
The bench of Justice Hemant Gupta and Justice Vikram Nath did not stop at this, saying, 'Possession has to be taken within 6 months after allotment, otherwise the allotment is considered canceled. In the case under consideration, the possession of the land was not taken till 27 years after the alleged allotment.
It is seen in the court proceedings that the High Court took a special interest, not only in allotment of the land but in allotment of the same land which was being talked about in 1971 and which is now with the National Highway.
this was the case
The soldier, who lost his leg in the 1965 Indo-Pak war, applied for land allotment under the 1963 Act. On, in 1971, on the recommendation of the Military Welfare Division of the Revenue Department, it was decided to give 25 bighas of land in Rohikheda village. The soldier died in 1988. His widow filed a petition in the High Court saying that the land that the government is giving is not fit for cultivation. On this, the government allotted the land mentioned earlier, but when people who had been farming for 60 years started being evicted from here, the decision of the High Court was challenged.
