AI Structured Summary
Not yet generated for this judgment
Judgment
S.R. Brahmbhatt, J
The present Writ Petition (PIL) is filed for the following prayers mentioned in paragraph no. 12 of the petition.
"(A) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction and to quash and set aside the decision of the respondent State Government of not giving compensation to the farmers of the entire Porbandar Taluka and direct the respondent to collect all materials of assessment of losses sustained by farmers of the remaining villages of Porbandar taluka, who have not been paid compensation, to support the damages of their crops on account of the untimely rain in February and March, 2014;
(B) Be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction and to direct the respondent State Government to pay the compensation for reimbursement of the losses sustained by the farmers who suffered damage to the standing crops of cumin and coriander seeds on account of untimely rain in February and March, 2014 of entire Porbandar taluka.
(C) Pending hearing and final disposal of this petition, be pleased to direct the respondents to place on records all materials of assessment of the damages sustained by farmers in relation to their standing crops of cumin and coriander seeds on account of untimely rain in February and March 2014;
(D) Be pleased to pass such other and further orders as may be deemed fit and proper."
The said PIL contains serious allegations of discrimination on account of the absolutely extraneous and untenable considerations for extending the compensation which, in our view was required to be dealt with appropriately by an appropriate affidavit so that the allegations may be indicated to be non-existence. But, unfortunately affidavit-in-reply does not indicate any clear answer to the question as to why the eligible, entitled and deserving farmers were left-out of the zone of beneficiaries for giving compensation. Therefore, on 24th July 2019 this Court passed the following order.
The Court on 3.4.2019, passed the following order:
"Learned AGP seeks time to file affidavit. The affidavit may contain the compliance with the order dated 5th December 2018, which reads as under:-
"At the request of learned AGP to seek information about constitution of committee from the village, to which, applicants/petitioners belong and the extent of damage suffered by them during April, 2015, adjourned to 13.12.2018."
At the request of learned AGP, matter is kept on 29th April 2019."
Today, unfortunately, no positive instructions have been reported to the Court including compliance therewith.
However, let Committee and its constitution be reported and independent thereof also, let there be an exercise for placing on record the following information by the respondent:
(i) the total number of villages in Porbandar Taluka;
(ii) total number of villages earmarked for extending the financial support and compensation on account of crop damage due to untimely rain and; (iii) list of recipient.
Learned advocate for petitioner also to place on record, as per the assessment of petitioner, the left out deserving farmers, who ought to have been granted assistance and compensation on account of their suffering.
Unfortunately this matter is of the year 2016, awaiting its disposal. In case if the aforesaid information are placed on record, the matter could have been over by now but nobody has bother to place on record such information in such articulation. In case, if by the next date of hearing, the information are not coming forward as recorded hereinabove, the Court will be left with no option but to dispose of the petition by giving direction to individual person. S.O. to 06.08.2019."
Learned AGP submitted that he has received the data. We are unable to appreciate and understand as to why such data with clear indication of the beneficiaries and the persons, who were found to be not eligible for the compensation placed on record. The order dated 24th July 2019 was in our view unequivocally clear qua the obligation of the respondent to place on record the entire material mentioned in para-3. The said order appears to have been completely ignored by the concerned, which leaves much room to comment upon. At this stage, we refrain from passing any observation as the omission on the part of the respondent is not established to be deliberate and/or willful. We propose to afford one more opportunity with a specific direction to the respondent no. 1 to file affidavit-in-reply on the points mentioned in para-3 of the order dated 24th July 2019. The said affidavit be placed on record along with material on record, meaning thereby with a copy to the other side on or before 8th August 2019. The matter shall come-up on board on 8th August 2019. In case if there is any default in filing the affidavit, then the respondent no. 1 shall personally remain present before the Court to explain the default.