Forest Authority not entitled to pass decree against State: DB

Excelsior Correspondent
JAMMU, Mar 25: In an appeal filed by the State challenging the order passed by One Man Forest Authority in entertaining the counter claim of the respondents to the tune of Rs 14,15,883.18 with 9% interest with effect from 12.11.1975, Division Bench of State High Court comprising Chief Justice N Paul and Justice Tashi Rabstan has held that One Man Forest Authority was not entitled to entertain a counter claim and pass decree against the State.
“As far as the jurisdiction of the authority to entertain the counter claim is concerned, in view of the limited jurisdiction conferred under Section 52-B it could not have ordered as the remedy available to the respondents  is to recover the excess amount from the appellant through civil court alone”, the DB said.
“The Advocate General DC Raina is justified in his contention that the Forest Authority is not entitled to entertain a counter claim and pass decree against the State. The remedy available to the respondents is to approach the civil court for realization of excess money, if any paid to the appellant”, the DB said and set-aside the order passed by the authority by granting liberty to the respondents to approach the civil court.

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