Gujarat High Court
Jamkandorna Juth Seva Sahakari Madali ... vs Union Of India & 6 on 5 August, 2015
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/SCA/2246/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2246 of 2014
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JAMKANDORNA JUTH SEVA SAHAKARI MADALI LTD & 1....Petitioner(s)
Versus
UNION OF INDIA & 6....Respondent(s)
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Appearance:
MR BHARAT T RAO, ADVOCATE for the Petitioner(s) No. 1 - 2
GOVERNMENT PLEADER for the Respondent(s) No. 2 , 5 - 7
KSHITIJ M AMIN, ADVOCATE for the Respondent(s) No. 1
MR DAXAY D PATEL, ADVOCATE for the Respondent(s) No. 4
MR VIBHUTI NANAVATI, ADVOCATE for the Respondent(s) No. 3
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 05/08/2015
COMMON ORAL ORDER
In all these petitions, common prayer is made. The facts in each petition being on similar lines baring dates and figures, taking the facts of the first captioned Special Civil Application No. 11694 of 2015, on behalf of the farmers of Jamkandorna Taluka, Rajkot District, the petitioner Jamkandorna Juth Seva Mandali has prayed for sanctioning of farmers' claims towards crop insurance under the National Agricultural Insurance Scheme (NAIS) for Kharif season 2012 in respect of crop Groundnut. Respondent No.3 Insurance Company is the agency which make the payment of the claim. The claims are to be processed on the basis of the figures of crop raised during the season.
2. As per the case of the petitioner, initially the Taluka Development Officer on 8.8.2012 addressed a communication to the Director of Agriculture (Ecostate Department) wherein the estimated figures of crop of Groundnut sown indicated were the area of 15,000 to 17,000 hectares. This communication is produced (at page 103) in the compilation of the petition. At the time of lodging claims, Page 1 of 2 HC-NIC Page 1 of 2 Created On Fri Aug 07 02:06:09 IST 2015 C/SCA/2246/2014 ORDER premium amount was paid in respect of total area of 25,362 Hectares.
3. The petitioner has stated that the claims lodged under the Scheme was for the area of 25,362 Hectares; the insured amount was Rs. 68,43,08,323/- for which premium amount of Rs. 2,30,25,858/- was paid. Respondent No.3 Insurance Company paid the claims to the extent of 49% only. The grievance of the petitioner is that the figures of crop area sent under communication dated 8.8.2013 by the Taluka Development Officer were only the anticipated figures. On 30.11.2013, the Taluka Development Officer addressed another communication to the Director of Agriculture referring to his earlier communication dated 8.8.2013 aforesaid sending final figures. According to the petitioner, final figures of crop area were as communicated to the Director of Agricultural. In the said communication dated 30.11.2013, the Taluka Development Officer stated that the figures 27,278 as finally obtained from the relevant records of the rights of the farmers.
4. Submissions of respondent No.3 Insurance Agency inter alia were that figures mentioned in communication dated 30.11.2013 did not represent the correct sown area. Therefore, it sanctioned the claims on the basis of the details made available as per communication dated 8.8.2003 aforesaid.
5. Both the aforementioned communications dated 8.8.2013 and 30.11.2013 are by the office of District Development Officer, Jamkandorna to the Director of Agriculture-respondent No.6 herein. The said authority shall file an affidavit whether it had received such figure and whether it disowns the figure mentioned in the communication dated 30.11.2013. Such affidavit shall be filed on or before 11.08.2015.
Put up on 11.08.2015 (N.V.ANJARIA, J.) cmjoshi Page 2 of 2 HC-NIC Page 2 of 2 Created On Fri Aug 07 02:06:09 IST 2015