Srinagar: In Kashmir’s Bandipora district, the Indian Army has used the Armed Forces (J&K) Special Powers Act to defend itself against charges of cutting down trees. However, the plea was turned down by the court.
A court in Kashmir has ruled that this type of dispute is not covered by the AF(JK)SPA and has rejected the Government of India’s argument that the armed personnel are protected by the Armed personnel Special Powers Act (AFSPA) and cannot be sued even for destroying trees.
The government of India invoked the Armed Forces Special Powers Act to reject Ghulam Rasool Wani’s, resident of Chuntimullah Bandipora, claim for damages after the army cut down trees on his land, which the armed force had taken over in 2001.
The government of India was represented by attorney Karnail Singh, who contended that pursuant to Section 7 of the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990, no prosecution, suit, or other legal procedures may be brought against the Army prior to receiving the necessary approval from the GoI. Singh didn’t contest the Army’s control of the land, for which it is making regular rent payments to the landowner.
While plaintiff Wani’s attorney, Shafeeq Ahmad, maintained that Wani was simply seeking compensation for trees and that this wasn’t covered by any of the AF(J&K)SPA’s provisions. He maintained that the military forces are protected in the AF(J&K)SPA’s Section 4 when exercising their authority in the declared troubled zones.
Wani filed a suit in 2018 before district judge Baramulla stating his land is under the possession of the Army since 2001 and the Army has cut 64 trees including 40 poplar trees, 15 willow trees and walnut trees, OutlookIndia reported.
Wani claims that he has suffered greatly as a result of not receiving compensation and losing hard-earned property, even though the horticulture department of the J&K estimated the losses caused by the cutting of trees to be Rs 5,20,922 — Rs 3,20,922 for six walnut trees and Rs 2 lakh for others, including poplar and willow trees. He added that he was not permitted to take any of the trees’ fruit.
