Case Note & Summary
The matter comprised Public Interest Litigation No. 115 of 2017 filed by Anand Embadwar and Writ Petition No. 5845 of 2018 filed by Nagarjuna Agro Chemicals Pvt. Ltd., both heard together and disposed by a common judgment. The petitions sought an enquiry into the manufacturing and marketing of soil testing fertilizer recommendations (STFR) without the facility to test two mandatory parameters, Copper and Nitrogen, from 2014 to 2-5-2018. Additionally, the petitioners sought to restrain the marketing of STFR without validation in at least five different agro-climatic zones across the country. The technology in question, the PUSA-STFR Meter, was developed by the Indian Council for Agriculture Research (ICAR) through its unit, the Indian Agriculture Research Institute (IARI). It was designed to test multiple soil parameters and provide fertilizer recommendations, and was patented and licensed to fourteen companies, including Nagarjuna Agro Chemicals. Under the Soil Health Management scheme of the National Mission for Sustainable Agriculture, the central government promoted soil health cards containing twelve parameters, but the STFR meter initially tested only ten parameters, omitting Copper and Nitrogen. Nagarjuna Agro Chemicals, one of the licensees, separately entered into a memorandum of understanding with the ICAR-Indian Institute of Soil Science, Bhopal, which led to allegations of intellectual property violation and unauthorized replication of the STFR technology under the name ‘Mridaparikshak’. The dispute raised concerns about the validity of the soil testing and fertilizer recommendations provided to farmers without testing the two omitted parameters. The respondents ICAR and IARI contended that Nagarjuna had misused the technology. The court reserved judgment on 12 December 2019 and pronounced it on 3 January 2020. The specific directions and final decision of the court are not contained in the provided text extract, though the matters were disposed of finally by the common judgment.
Issue of Consideration
Whether an enquiry should be ordered into the manufacturing and marketing of soil testing fertilizer recommendations without testing for Copper and Nitrogen during the period 2014 to 2-5-2018, and whether the marketing of STFR should be restrained without validation in at least five different agro-climatic zones in the country
Case Details
2020 LawText (BOM) (01) 166
Public Interest Litigation No.115 of 2017 with Writ Petition No.5845 of 2018
R.K. Deshpande, Milind N. Jadhav
M.G. Bhangde, A.M. Ghare, Praveen Swarup, Mugdha R. Chandurkar, A.M. Joshi, R.N. Ghuge, R.S. Sirpurkar, S.P. Bhandarkar, J.B. Kasat
Anand S/o Nanabhau Embadwar; Nagarjuna Agro Chemicals Pvt. Ltd.
Union of India, Indian Council for Agriculture Research, Indian Agriculture Research Institute, State of Maharashtra, Director of Agriculture, PUSA STFR Manufactures Association, Nagarjun Agro Chemicals Pvt. Ltd.
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Nature of Litigation
Public interest litigation and writ petition concerning the validity and testing parameters of soil testing fertilizer recommendations technology
Remedy Sought
Enquiry into manufacturing and marketing of STFR without testing Copper and Nitrogen during 2014 to 2-5-2018, and restraint on marketing without validation in five different agro-climatic zones
Filing Reason
Alleged inadequacy of soil testing due to missing mandatory parameters and unauthorized replication of patented technology
Issues
Whether an enquiry should be ordered into the manufacturing and marketing of soil testing fertilizer recommendations without testing for Copper and Nitrogen during the period 2014 to 2-5-2018
Whether the marketing of STFR should be restrained without validation in at least five different agro-climatic zones in the country
Judgment Excerpts
In Public Interest Litigation as well as in Writ Petition, an enquiry is sought in respect of manufacturing and marketing of soil testing fertilizer recommendations without having facility of testing of two mandatory parameters of Copper and Nitrogen during the year 2014 to 2-5-2018. (Para 2)
The STFR technology is developed by the respondent Nos.2 and 3 – ICAR and IARI and commercialized by issuing licences to 14 companies/firms, including the petitioner- Nagarjuna Agro Chemicals in Writ Petition No.5845 of 2018. (Para 2)
The PUSA-STFR technology in respect of which the aforesaid MoAs/MoUs are entered into is also called “STFR, a mini lab” or “STFR Kit” or “STFR Meter” technology developed by the ICAR and was upgraded on 12-8-2015 to analyze the aforestated 10 parameters (except Copper and Nitrogen). (Para 8)
It further states that the concept of STFR Meter is that it is a programmable digital colorimeter with menu based interactive program, dedicated to estimation of soil available nutrients and it is the first of its kind in India. (Para 9)
Procedural History
Public Interest Litigation No.115 of 2017 filed by Anand Embadwar and Writ Petition No.5845 of 2018 filed by Nagarjuna Agro Chemicals Pvt. Ltd. were heard together. The PIL was amended as per court order dated 11-4-2018; the WP was amended as per order dated 10-9-2018. The court reserved judgment on 12-12-2019 and pronounced the common judgment on 3-1-2020.
Acts & Sections
- Societies Registration Act, 1860:
- University Grants Commission Act, 1956:
