NEW DELHI: On Thursday the Supreme Court ruled heavily on the general officer in command of the Telangana-Andhra subarea (TASA) for deliberate violation of a court order that grants possession of land to a civilian and uses the force of the military to raze the boundary wall of that land.
Even before the additional attorney general SV Raju could open the case files, a bench for the chief of justice NV Ramana and judges Krishna Murari e Hima Kohli he said: “The military is meant to protect the country and not the ego of an individual who thinks he has the power of the military.”
“The Army he lost his claim to the piece of land in every court and still didn’t care why you (GOC) think you can send the army to expropriate a civilian. Give us the officer’s name and we’ll send him to jail, “the bench said.
When Raju attempted to defend the army’s action by claiming that the civilian’s land is not demarcated and this led the army to believe that the civilian was invading the military’s land, the bench said: “Do you think we are like children allow themselves to be influenced by such arguments? Can an ordinary citizen challenge the might of the army? ”
The court dismissed the Centre’s appeal against the Telangana HC ordinance by refusing to suspend the court order that sent the PRC government to jail for willful violation of the court order granting land ownership to civilians by recognizing the their unfavorable possession for more than a century and a half.
However, the CS ordered that the major general not be taken to prison. “If we hear such a complaint against him in the future, he will go to jail,” warned the bench.
The case has a checkered history as the land on which the current TASA factory is set up was initially acquired by the Nizam of Hyderabad for military purposes over 100 years ago. The defense establishment filed a civil suit in the year 1971 claiming ownership of over nine acres of land, which it claimed had been overrun by civilians.
Civil defendants have claimed ownership of the land through adverse possession for over 160 years. A Secunderabad the civil court had dismissed the suit filed by the army, which was upheld by the HC.
With the army worrying them about possession of land, civilians demanded the execution of the decree and the court of first instance on January 27, 2021 ordered that the commanding general officer and the defense property officer be sent to civilian prison for two months each for their willful disobedience and violation of the permanent injunction approved by the court on 11 December 2017. He also asked them to repair the wall damaged by the army.