Bandipora, June 11, KDC: The Court of Principal District Judge in Bandipora has ordered the Army Authorities to face a suit filed by Gh Rasool Wani, son-in-law of Mohammad Sultan Lone and resident of Chuntimullah Bandipora. The court’s decision came in response to preliminary issues raised in the case, which were taken for adjudication on merits.
The plaintiff’s counsel, Advocate Shafeeq Ahmad, according to news agency Kashmir Dot Com 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 Protection Act, 1990.
He emphasized that the suit sought compensation for the trees cut down by the defendants, which were on the property at the time of possession.
On the other side, the defendant, Union of India through Defense Secretary, New Delhi, India, was represented by advocate Kamail Singh. He contended that the suit required prior sanction from the Central Government as per the provisions of the Armed Forces (Jammu and Kashmir) Special Protection Act, 1990.
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 Armed Forces (J&K) Special Powers Act, 1990, and stated that the defendant’s status was that of a tenant, limiting their authority to make improvements or cut down trees on the rented land.
Consequently, the court decided in favor of the plaintiff, Gh Rasool Wani, and his counsel, Advocate Shafeeq Ahmad, on issues No. 7 and 8, stating that the plea taken by the defendant in its written statement was irrelevant for determining the jurisdiction of the civil court. Issue No. 9 was deferred for consideration alongside other factual issues at a later stage.
The court ordered the case to proceed further and scheduled the next hearing for July 4 this year. (KDC)