Mauli Baliraja Samajik Pratishthan Through The President v. The Divisional Commissioner Aurangabad And Others

1 932-PIL 132-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO. 132 OF 2019 Mauli Baliraja Samajik Pratishthan through the President Shaikh Chand s/o Shaikh Badshah Inamdar .. Petitioner

Versus

The Divisional Commissioner, Aurangabad and others .. Respondents Mr. P. V. Mandlik, Senior Advocate i/by Pratap P. Mandlik, Advocate for the Petitioner.

Mr. S. B. Yawalkar, Addl. G. P. for Respondent Nos. 1 to 3. Mrs. Sudha Chintamani, Advocate for Respondent No. 4. CORAM : S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 23rd SEPTEMBER, 2020.

PER COURT:- .

We have heard Mr. Mandlik, the learned senior counsel for the petitioner.

2.

Mr. Mandlik, the learned senior counsel submits that the respondents are not implementing the Government Resolution dated 29.08.2019 wherein payment of compensation is contemplated for the farmers. The respondents be directed to constitute a permanent committee and to prepare a scheme and decide the market value or assured price / compensation required to be given to the farmers for

2 932-PIL 132-2019.odt the fruit crops and the perishable crops and to pay the compensation @ Rs. 1 Lacs per Hector and Rs. 2 Lacs per Hector respectively, also to revise the import and export policy and frame the policy in the interest of farmers.

3.

The State has filed its reply. It has been accepted by the State Government that the State Government under resolution dated 11.09.2020 has sanctioned the amount for Aurangabad Division as per the demand made by the proposals submitted by the Divisional Commissioner, Aurangabad. It has sanctioned amount of Rs. 647.00 Lacks and the same would be disbursed in two installments. The first installment is in process of receiving the same. 4.

We hope and trust that the State of Maharashtra would accord the benefit to the eligible farmers expeditiously. The timely payment of the amount is of utmost importance. It shall endeavour to disburse the amount as expeditously as possible.

5.

As far as other prayers concerning preparation of a scheme, constitution of committee and payment of compensation at the particular rate, the same would be within the ambit and purview of policy decision of the State. It is for the State to consider and adopt a policy as per the wisdom of the experts and consider all aspects of the

3 932-PIL 132-2019.odt matter. The Court cannot pass orders in that regard. The Court would refrain from passing any orders in that regard. It is also stated in the affidavit that the State is implementing the Government Resolution dated 29.08.2019.

6.

In light of the affidavit filed by the respondents-State, the public interest litigation stands disposed of. No costs. ( R. G. AVACHAT ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.