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Forest authority not entitled to pass decree against state: HC 3/25/2016 11:03:10 PM Early Times Report Jammu, Mar 25: A high court division bench of Chief Justice N Paul and Justice Tashi Rabstan today held that 'one forest authority' was not entitled to entertain a counter claim and pass decree against the state. The court directive came in an appeal filed by the state, challenging the order passed by One-Man Forest Authority in Jammu on June 20, 2001, in file No 16/suit/1977, in entertaining the counter claim of respondents to the tune of Rs 14,15,883.18 with 9 pc interest from November 12, 1975. The bench observed that as far as the jurisdiction of the authority to entertain the counter claim was concerned, in view the limited jurisdiction conferred under section 52-B, it could not have ordered and certified that as the remedy available to respondents was to recover the excess amount from the appellant through civil court alone. The bench said the advocate general was justified in his contention that the forest authority was not entitled to entertain a counter claim and pass decree against the state. The remedy available to the respondents was to approach the civil court for realisation of excess money, if any paid to the appellant. "The appeal is allowed and the order passed by the authority is set aside by granting liberty to the respondents to approach the civil court," the bench said. (JNF)   Share This News with Your Friends on Social Network     Comment on this Story

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