PROVINCIAL GOVERNMENT through Chief Secretary, Gilgit-Baltistan vs AHALIAN NALTAR BALA, PAIN R — 2022 YLR 635 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 YLR 635 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: YLR
Parties: PROVINCIAL GOVERNMENT through Chief Secretary, Gilgit-Baltistan vs AHALIAN NALTAR BALA, PAIN R
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

PROVINCIAL GOVERNMENT through Chief Secretary, Gilgit-Baltistan VS AHALIAN NALTAR BALA, PAIN R. 3---Suit for declaration---Cutting and removal of trees---Scope---Respondents filed suit contending therein that they being residents of the locality were entitled to get damaged/dead fallen trees and they had preferential right over other persons---Trial Court dismissed the suit whereas Appellate Court partly allowed the suit by declaring that the respondents were entitled to get dead fallen/damaged trees which had died naturally or damaged due to act of God---Validity---Rule 3 of Northern Areas Forest Rules, 1983, provided that the natives/residents of locality were entitled to get the fallen dry wood---Respondents had proved their claim by adducing reliable, cogent oral and documentary evidence in the Trial Court, whereas the petitioners had failed to adduce any independent oral and documentary evidence to rebut the claim of the respondents---Appellate Court had rightly decreed the suit partly in favour of the respondents and there was neither misreading or non-reading of evidence nor any misapplication of law---Revision petition was dismissed.

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