Whether forest officials are liable to pay damages if seized property was damaged due to their negligence?
In the present case, the plaintiff seeks damages on the count that on account of the negligence on the part of the defendants the teakwood to which he was entitled has been damaged/decayed. It cannot be disputed that after the forest-produce was seized by the Authorities in the year 1991, it was the responsibility as well as the liability of the defendant No. 3 to take care of the same. On account of the said teakwood being kept in the open for more than seven years, it got decayed as it was in contact with nature. The material on record is, thus, sufficient to come to the conclusion that the defendants were negligent in taking care of the forest-produce when it was within their custody pursuant to the seizure. In the light of provisions of Section 43 of the said Act, it is held that the defendants would be liable for damages on account of the loss caused due to their negligent act in taking care of the seized teakwood.
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
Second Appeal No. 400 of 2004
Decided On: 22.03.2018
Chintaman Vs. State of Maharashtra and Ors.
Hon’ble Judges/Coram:
A.S. Chandurkar, J.
Citation: 2018(4) MHLJ 719