- (1.) The petitioner Lt. Col. Bhupesh Hada is a serving personnel of Indian Army (Special Forces) and presently posted at Bangaluru. The petitioner was awarded Shaurya Chakra by the Hon'ble President of India for his act/s of gallantry during three operations in District Kupwara in Jammu & Kashmir during July-August, 1998 which are stated to have resulted in the elimination of innumerable hard-core militants.
(2.) With the intent of recognizing and rewarding members of Defence Services of the country, who had distinguished themselves by outstanding act/s of gallantry, awarded by the President of India, in the exercise of powers conferred under Sub-section (1) of Section 101 of the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) read with Section 261 and 90 thereof and Section 28 read with Section 7 of the Rajasthan Colonization Act, 1954 (Rajasthan Act, 27 of 1954) and other powers on this behalf, the State Government has notified the Rajasthan Gallantry Awards (Cash Rewards & Land Grants) Rules, 1966 (hereinafter to be referred in short 'Rules of 1966').
(3.) Rule 4 of the Rajasthan Gallantry Awards (Cash Rewards & Land Grants) Rules, 1966, prescribes the scales of reward and grants and the extant rule Rule 4(1)(h) prior to the prospective amendment in the Rules of 1966 commencing 17th July, 2006 provided that the holder of a Shaurya Chakra would be awarded Rs. 5,000/- in cash and 25 bighas of irrigated or 50 bighas of unirrigated land. Rule 4(3) as existing at the relevant time provided that the allotment of land would be in the Rajasthan Canal Project and other project areas.;