One Ghulam Rasool Wani filed a lawsuit alleging that a certain Army unit chopped down trees on his farm, and the senior district judge in J&K’s Bandipora ordered the Army authorities to answer. On Saturday, the court issued a ruling in response to the first concerns brought up in the civil action brought by Wani, a citizen of Chuntimullah in the Bandipora region.
Shafeeq Ahmad, the attorney for plaintiff Wani, contended that Order 7 Rule 11 of the Civil Procedure Code (CPC) and the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990 should prevent the lawsuit from being dismissed. The claim, which was filed while the specific army unit was occupying the plaintiff’s land, sought compensation from the defendants for cutting down trees that were over the plaintiff’s property.
Advocate Kamail Singh argued on behalf of the defendants Union of India and others that the special powers Act’s provisions required prior approval from the federal government for the lawsuit.
The court came to the conclusion that the lawsuit was civil in character and did not call for prior penalty after taking the arguments into account. The defendant was described as a tenant who may make improvements but couldn’t cut down trees on the rented land, according to Section 4 of the Special Powers Act, which was underlined in the court document. After taking note of this, the court decided to move on with the case and set the next hearing for July 4.
Written By- Smrutiman Anantveer Mohanty, College Name- Army Law College, Pune, Semester- Smrutiman Anantveer Mohanty, an intern under Legal Vidhiya