Case Note & Summary
The petitioner, Baburao Abaji Aglawe, a retired government servant, owned agricultural land in Seloo, Wardha, where he cultivated banana plants on 5 acres with irrigation from a well and employed 45 labourers. In March 2010, tigers entered his farm and resided there until July 2010, attracted by the water and shade. The Forest Department warned farmers not to approach the land due to risk of tiger attack. One of the petitioner's cows was killed by a tiger, for which compensation was paid. After the tigers left, the petitioner discovered damage to his banana plantation and PVC irrigation pipes. He claimed compensation from the Forest Department, which recommended payment at Rs.48 per plant. However, the Finance Department of the State of Maharashtra refused to grant any compensation, leading to the impugned communication dated 13.07.2011. The petitioner filed a writ petition seeking direction to set aside that communication and for compensation. The court held that the State cannot refuse compensation on the ground of lack of policy when the Forest Department itself recommended it. The court noted that the Government Resolution dated 10.10.2008 provides for compensation for loss due to wild animals. The court directed the respondents to pay compensation at the rate of Rs.48 per plant for the damaged banana plants, as recommended by the Forest Department, and Rs.10,000 for damage to PVC pipes, within four weeks. The writ petition was allowed with costs of Rs.5,000.
Headnote
A) Wildlife Law - Compensation for Crop Damage by Tigers - State Liability - The State is liable to compensate a farmer for damage to banana plantation and irrigation pipes caused by tigers that resided in his agricultural land for several months, as the Forest Department had recommended compensation and the Finance Department's refusal on ground of no policy is arbitrary and violative of Article 14 of the Constitution. (Paras 1-10) B) Constitutional Law - Right to Property - Deprivation of Livelihood - The petitioner, a retired government servant, invested in banana cultivation and employed 45 labourers; the tigers' presence prevented access to the land, causing loss of crop and damage to pipes. The court held that the State cannot escape liability by citing absence of a specific policy when the Forest Department itself recommended compensation. (Paras 3-9) C) Administrative Law - Government Resolutions - Binding Nature - The Government Resolution dated 10.10.2008 provides for compensation for loss of life and property due to wild animals; the court directed the State to pay compensation at the rate of Rs.48 per plant as recommended by the Forest Department, plus Rs.10,000 for damage to PVC pipes, within four weeks. (Paras 5-10)
Issue of Consideration
Whether the State is liable to compensate a farmer for crop damage caused by tigers that took shelter in his agricultural land, and whether the Finance Department's refusal to grant compensation based on lack of policy is valid.
Final Decision
The court allowed the writ petition, set aside the communication dated 13.07.2011, and directed the respondents to pay compensation at the rate of Rs.48 per plant for the damaged banana plants as recommended by the Forest Department, and Rs.10,000 for damage to PVC pipes, within four weeks. The petitioner was also awarded costs of Rs.5,000.
Law Points
- State liability for crop damage by wild animals
- compensation for loss due to protected wildlife
- duty of forest department to prevent depredation
- interpretation of government resolutions on compensation
