JUDGMENT :

HEMANT GUPTA, J.

1. The challenge in the present appeals is to an order passed by the High Court of Orissa on 12.4.2016 directing the Collector and the Tehsildar, respondent Nos. 2 and 3 before the High Court (appellants herein) to demarcate the land of 5 acres in respect of the lease case initiated in the year 1967 and to handover the possession of the said land preferably within a period of four weeks.

2. The said order arises out of the fact that the husband of the respondent Shri Umesh Chandra Mohapatra was working with Indian Army. The claim of his wife¹ [Hereinafter referred to as the ‘writ petitioner’] now deceased, was that keeping in view service rendered by her husband to the nation, each person who returned from the forward area during the war time is entitled to 5 acres of land as per the Government Resolution dated 14.5.1963. The husband of the respondent is said to have made an application in the year 1967. It was on 7.7.1969, vide another resolution, the State Government modified the earlier resolution dated 14.5.1963. It was clarified therein that the concession facilities would be provided to only those personnel who had served in the forward areas during 26.10.1962 to 31.1.1964 and on production of a certificate from the Unit Command confirming such service. Still later, another resolution was passed on 10.3.2014, whereby the policy of allocating land was modified and instead monetary grant as mentioned in Annexure 1 of the said Circular was contemplated. The relevant extract from the three policies read thus:

“No. 11323/Poll

3S-29/63

Dated: Bhubaneswar the 14th May, 1963

In view of the present crisis due to external aggression the Government look forward to the Jawans of the State to proceed to forward areas to defend our country against the enemy’s attack and to protect the lift and property of the peace loving people of the country. It is very encouraging that a large number of people from all walks of life not only have been volunteering for service but also have been contributing considerably in cash and kind for the purpose.

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Concessions

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(d) Each person on return will get 5 acre of land free and made ready for cultivation of Government cost. In case a person is killed the widow and the dependants will receive the land.

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No. 20827/Poll

Dated: Bhubaneswar the 7th July, 1969

........On a review of the progress of implementation of the above resolutions it has been found necessary to lay down specific principles for extending such facilities with a view to avoid misconception in this regard and to ensure that such facilities are provided to personnel for whom these are intended. On a careful consideration of all the relative aspects having a bearing on this matter, the State Govt. have, therefore, been pleased to decide as follows:

(a) The concessions by way of assignment of land, medical facilities and educational facilities contemplated under the above resolutions will be available only to such personnel who have served in the forward areas during the period from 26.10.1962 to 31.01.1964. For this purpose, the personnel seeking such concessions will be required to produce a certificate from the Unit Command that he actually served during the above period in a forward area.”

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No. 7390-Polls/2-04/2013-Poll.

The 19th February 2014

........As per the decisions communicated in Home Department Resolutions of 1963, 1964 and 1969, Government agricultural land up to 5 acres are being given under Government Grants Act, 1895 to Jawans who served in forward areas during China aggression from the 26th October, 1962 to the 31st January, 1964. Subsequently, on the request of Home Department agricultural land up to one standard acres in favour of landless ex-servicemen and landless Gallantry and Non-Gallantry awards winner Defence personnel up to Non-Commissioned Officer rank under