ESTATE OFFICER JAMMU FOREST DIVISION Vs. JITTO DEVI

JUDGEMENT

(1.) Aggrieved by the finding returned by respondent No. 2 Jammu and Kashmir Special Tribunal, Jammu, that the Tribunal has jurisdiction to hear the appeal arising under Section 48-A of the Jammu and Kashmir Forest Act, 1987, the petitioners have invoked the writ jurisdiction of this Court with a plea that after the issuance of SRO-777 of 1972 dated 1-11-1972, such appeals are maintainable only before the Chief Conservator of Forests and neither the Government nor the Minister has any power to entertain the same and hear the appeal. It is further stated that respondent has exercised the jurisdiction not vested in it and the order impugned is without jurisdiction and untenable in law.

(2.) A skeletal projection of facts may be noticed in resume. An eviction order pertaining to the Forest Land contained in khasra No. 1734/1845 located at village Birpur Tehsil Samba was passed by the Divisional Forest Officer, Jammu against Mst. Jitto Devi-respondent No. 1. An appeal was preferred before the J and K Special Tribunal to impugn the correctness of the order of the Estate Officer. A plea based on SRO-777 of 1972 was raised before the Appellate Court (J and K Special Tribunal, Jammu) that it is only the Chief Conservator of Forests authorized to hear the appeal under Section 48-A of the Forest Act and respondent No. 2 has no jurisdiction. The Appellate Court, after hearing the parties and perusing the relevant provision of law touching the matter in controversy, concluded that the appeal is maintainable before the Tribunal vide order dated 20-12-2000, which became the subject-matter of challenge in this writ petition.

(3.) Considered the arguments put-forth by the learned counsel appearing for the respective parties and also perused the relevant provision of law meticulously.