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India
oi-Vicky Nanjappa
New Delhi, Mar 19: The Supreme Court averted a major embarrassment for the Indian Army, when it stated an order of a Telangana court sending Major General R K eneral Officer Commanding of Telangana Andhra Sub Area, to two months in a civil prison.
The Major General had allegedly disobeyed a court decree in a land dispute case between the military and civilians which has been going on for nearly 50 years.
Solicitor General, Tushar Mehta told a Bench headed by Chief Justice of India, S A Bobde that it was unthinkable for the Army GOC to be sent to jail over a civil litigation. The Bench stayed the order of the trial court.
The land on which the TASA establishment is set up was initially acquired by the Nizam of Hyderabad for military purposes over 100 years back. In 1971, the defence establishment filed a suit claiming ownership of 9 acres of land, which it claimed was encroached upon by civilians. The Army also produced a Survey of India map of 1900 to substantiate its claim.
The civilians said that the possession of the land by them for over 160 years. They argued that the continuous adverse possession by them had completely extinguished the ownership rights of the cantonment.
A civil court in Secunderabad had dismissed the suit filed by the Army and the same had also been upheld by the High Court. The civilians moved the trial court for execution of the order as the Army continued to claim ownership over the land. The trial court on January 27 said that the GOC and defence estate officer be sent to civil prison for two months for wilful disobedience and violation of the decree of permanent injunction.
Following an appeal by the Centre, the Telangana HC had on March 9 adjourned hearing without staying the trial court’s order.
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