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Srinagar, June 12, 2023 (PPI-OT): In what confirmed by an Indian illegally occupied Jammu and Kashmir’s court the involvement of Indian army in environmental degradation as well deprivation of livelihood of the local population, the Bandipora court has ordered the army to face a suit in this regard. The decision of the court of principal district judge, Bandipora, came in response to the preliminary issues raised in the civil case filed by one Ghulam Rasool Wani charging a particular unit of the Indian army with cutting down trees on his field. Wani, a resident of Chuntimullah in the district.
Plaintiff Wani’s counsel advocate Shafeeq Ahmad argued that the suit should not be rejected under Order 7 Rule 11 of the Civil Procedure Code (CPC) and the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990. He emphasized that the suit sought compensation from the defendants for felling trees standing over the plaintiff’s property, which was under occupation of the particular army unit. Advocate Kamail Singh represented the Indian army.
After considering the arguments, the court concluded that the suit was civil in nature and did not require prior sanction. It highlighted Section 4 of the special powers Act and stated that the defendant’s status was that of a tenant, who can make improvements but cannot cut down trees on the rented land. Observing this, the court ordered the case to proceed further and scheduled the next hearing for July 4.
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