IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1317 of 2010 Anil Kumar, Son of Late Gokhul Prasad, Resident of Village Gopalbad, P.O. Gopalbad, P.S. Sarmera, District Nalanda. -------- Petitioner Versus 1. The State of Bihar. 2. The Agriculture Production Commissioner, Bihar, Patna. 3. The Secretary, Planning and Development, Govt. of Bihar, Patna. 4. The Director, Statistical and Evaluation Bihar, Patna. 5. The Secretary, Co-operative Deptt., Bihar, Patna. 6. The District Magistrate, Nalanda. 7. The District Statistics Officer, Nalanda. 8. The Block Development Officer, Sarmera. 9. The Block Agriculture Officer, Sarmera. 10. The Circle Inspector, Sarmera Block. 11. The Junior Statistics Supervisor, Sarmera Block. 12. The Managing Director, Agriculture Insurance Company of India Ltd. 13. The Zonal Manager (Officer-in-charge), Agriculture Insurance Company Ltd., Grand Plaza, Frazer Road, Patna. -------------- Respondents ----------- For the Petitioner :- Mr. Bipin Bihari Sinha, Adv. For the Respondent :- Mr. H.P. Singh, GA-6 ---------- 6 26.04.2010 In this writ petition, the petitioner, claiming to be a farmer, a social worker and the President of Primary Agricultural Credit Society (PACS) of Kenar Panchayat under Sarmera Block in the district of Nalanda, has made a prayer for issuance of a direction to the authorities concerned to give the benefit or making payment of insurance amount of Aghani Paddy Crop for the year 2008- 2 09 under the National Agricultural Insurance Scheme. A further prayer has been made by the petitioner for initiating action against the officials of Sarmera Block and the insurance company who in league with each other are allegedly responsible for non-implementation of the Scheme regarding payment of amount of insurance. The facts which are not in dispute is that the Co-operative Department of the Government of Bihar vide notification dated 8.4.2008 had introduced the concept of National Agricultural Insurance Scheme with regard to the Khariff Crop Insurance all over the State of Bihar for the year 2008-09. It has been stated in the writ petition that the farmers of Sarmera Block being the holders of Kisan Credit Card-cum-Pass Book of various Nationalized Commercial Banks have also adopted the crop insurance coverage under Kharif Crop Insurance Scheme, 2008 and have paid their premium. It is, however, alleged by the petitioner that though the farmers of other blocks of Nalanda district including adjacent blocks, namely, Bind & asthawan have already been paid their Aghani Paddy Crop Insurance amount of the year 2008-09 but such payment under the 3 same Scheme has not been paid to the farmers of Sarmera Block. The petitioner has explained that such non-payment of Crop Insurance amount has not been made primarily on account of the non-submission of the report by the Block Officials as with regard to the average crop yield to the concerned department till date. The petitioner in this regard has also relied on certain communications of District Statistics Office at Nalanda to establish that the competent authority are the Circle Inspector, Block Agricultural Officer and the Block Statistic Supervisor and since they have not submitted the desired report, the petitioner and other farmers of Sarmera block have not been paid their insurance amount under the insurance coverage. Thus, it has been alleged in the writ petition that it is only on account of the negligence and communication on the part of the Anchal Officer of Sarmera block that the amount of Aghani Paddy Crop Insurance amount has not been paid to the farmers of Sarmera Anchal. The petitioner in this regard has claimed that he has moved all the concerned authority for ensuring early payment of insured amount of Crop Insurance Scheme but no fruitful result has been 4 yielded till date. This Court noticing the aforementioned genuine grievance raised by the petitioner for the farmers of Sarmera block had directed the respondents to file their counter affidavit and when despite the repeated adjournments as recorded in the order dated 27.1.2010, 3.3.2010 and 25.3.2010, no counter affidavit was filed by any of the respondents, this Court had passed an order on 16.4.2010 for bringing such negligence in not filing the counter affidavit to the Chief Secretary of the State of Bihar. It appears that in view of the aforesaid order of this Court dated 16.4.2010, two counter affidavits one by the Under Secretary to the Co-operative Department of Government of Bihar (Respondent No.5) and the other by the Deputy Director in the Directorate of Economic and Statistics of the Planning and Development Department (respondent nos. 3 & 4) have been filed in which it has been stated that the Co-operative Department of the Government of Bihar is the nodal agency for the execution of the Scheme and it is the Co-operative Department which 5 at the beginning of each agricultural season also envisage the coverage of specified crops and units for insurance. In this regard, the respondent nos. 3 & 4 have in their separate counter affidavit explained that the Directorate of Economic of the Statistics in the Planning and Development Department of the Government of Bihar has to plan the crop, cutting experiment by way of scientific devices for estimation of the unit wise yield rate for each of the notified crop and the duty of conducting the crop cutting experiment is distributed amongst various Department viz. Directorate Economics and Statistics, the Agriculture Department and the Revenue Department in the ratio of 25:25:50 respectively. Explaining further, it is the stand of the respondent nos. 3 & 4 that the result of crop cutting experiments provide the yield mentioned in the schedule of these experiments for the purpose of estimation of yield rate. The schedule also has been fixed whereunder after conducting the crop cutting experiment by the three agencies its report is sent to Districts Statistical Officer which after scrutiny of such report sends the same to the Directorate of Economics and Statistics, Bihar, 6 Patna. The State Headquarter has to submit the yield estimation of the crop on the basis of minimum of sixteen crop cutting experiments at each notified unit to the Agricultural Insurance Company of India Ltd. which has to be sent by 31st March of each of the Kharif season whereafter the Agricultural Insurance Company of India Ltd. based on the yield rate of the crop for the notified units as provided by the Directorate Economics and Statistics proceeds to work out the compensation, if any, payable to the insured farmers based on the claims fixed under the scheme of the Government of India. The respondent nos. 3 & 4 in this respect as with regard to the grievance of the petitioner for non- payment of insured amount under the Scheme to the farmers of the Sarmera block has stated as follows:- “(iv) In Sarmera Block of Nalanda District, 20 crop cutting experiments in 10 different villagers were planned in the year 2008-2009 for Agahni paddy crop cutting. After obtaining the schedules of twelve crops cutting experiments from Sarmera Block, the District Statistical Officer, Nalanda sent the schedules to the Directorate Economics and Statistics, Bihar, Patna. Due to non- availability of required 16(sixteen) crop 7 cutting experiments from Sarmera Block, yield rate could not be sent to Rastriya Krishi Bima Nigam, In this context vide Directorate’s Memo No. 912 & 914 dated 12.5.2009 have been sent to Principal Secretary, Co-operative Department, Bihar, Patna and District Statistical Officer, Nalanda etc for non conducting of rest 8(eight) Agahni Paddy Crop cutting experiments for the year 2008.2009. The list of concerned responsible personnel i.e. Circle Inspector/ Block Agriculture Officer/ Block Statistical Supervisor, Sarmera Block were also attached with the letters. Copy of the same letters have also been sent to Principal Secretary, Revenue Department, Bihar Patna/ Principal Secretary, Agriculture Department, Bihar, Patna etc. but the action taken against the responsible/guilty personnel has not been intimated to the Directorate as yet. So reminder has also been given to the Joint Secretary, Co-operative Department Bihar, Patna vide Directorate’s Memo No. 639 dated 25.3.10. A reminder has also been sent to the District Statistical Officer Nalanda vide Memo No. 638 dated 25.3.10. Copy of the same has been sent to the District Magistrate, Nalanda/Block Development Officer, Sarmera/Block Statistical Supervisor, Sarmera Nalanda” . Thus, from the counter affidavit of the respondent nos. 3 & 4, it would be clear that the blame for 8 non-payment of the insured amount has been sought to be shifted on the other officials particularly the Block Officials whose lach or laps in submitting the required report has been ascribed to be the main reason for non- payment. Be it noted that the Co-operative Department through the counter affidavit of the respondent no.5 has taken its stand in paragraph nos. 9 & 10 of their counter affidavit shifting blame on the other officials and disowning any liability and/or negligence on the part of the Co-operative Department as would be apparent from paragraph nos. 9 & 10 of the counter affidavit of respondent no.5 which reads as follows:- “09. That it is humbly stated that as per provisions of the National Agriculture Insurance Scheme, Agriculture Insurance Company of India Limited assesses the damages of crops on the basis of the statistics provided by the Director, Statistics and Evaluation Directorate, Bihar, Patna, Unfortunately the Director, Statistics & Evaluation could not submit crops cutting reports to A.I.C. and Co-operative Department in time. As per the scheme provisions the claims arise only if the “Actual yield” per hectare of the insured crops for notified area (on the basis of requisite number of crop 9 cutting experiments) in insured season falls short of specified “Threshold yield”. 10. That it is further stated that the crop insurance amounts have not been paid by the Insurance Company to the farmers of the Sarmera Anchal because the Actual Yield of Agahni Paddy crops for Kharif 2008 season has not been received by the Agriculture Insurance Company of India Ltd. Which is evident from the letter no. 1934 dated 24.2.2010 issued by the Assistant Manager, Agriculture Insurance Company of India Ltd. Thus it is clear that there is no negligence inaction or connivance on the part of the officials of the Co-operative Department and to this extent the statement under reply is denied.” In the said counter affidavit, the Co-operative Department has however made it clear in paragraph no.15 stating intralia:- “15. That it is further stated that as soon as actual yield of the Aghani paddy crops for Sarmera Anchal for Kharif 2008 season will be received in the department, the process for computing the compensation and its admissibility to the insured farmers will be made and it is found that any amount of compensation is found payable to the farmers, the same shall be released immediately to the concerned Block office after completing the necessary formalities as provided under the scheme provisions.” Thus, from the pleadings on record, it would be 10 clear that till date, the authorities have not taken any final decision as with regard to the payment of amount of insurance to the farmers of Sarmera Block on account of non-submission of the report in the manner prescribed to the Insurance Company. This aspect of the matter in fact also gets substantiated from the letter of the insurance company dated 24.2.2010, wherein, the Agricultural Insurance Company of India Ltd. in its communication to the Under Secretary of the Department of Co-operation of the Government of Bihar has admitted that Aghani paddy crop was notified under National Agricultural Insurance Scheme in Khariff-2008 season in Nalanda district and the unit was Anchal. The Insurance Company in the said letter, however, has explained that the scheme itself provides that the claims for payment of insured amount would arise only if the Actual Yield per hectare of the insured crop for the notified area (on the basis of requisite number of Crop Cutting Experiments in the insured season, falls short of the specified “Threshold Yield”. The Insurance Company has also indicated that such Threshold Yield or Guaranteed Yield for paddy crop in an insurance unit shall be the 11 moving average based on the past three years average yield multiplied by the Level of Indemnity. The Indemnity Level for Aghani paddy crop was 60% during Kharif-2008 season. In the said letter of the Insurance Company, the yield data for Sarmera anchal of the past three years i.e. 2005, 2006 & 2007 has been also disclosed with the calculation of the Threshold Yield is said to be 447 Kg. per hectare but the claim of insurance has not been finalized due to non-submission of actual yield of Aghani paddy crop for Sarmera anchal for Kharif-2008 season. From the aforesaid assessment, it would be clear that the process for determination of amount to be paid under the insurance coverage is still under the mode of calculation which has not been finally arrived at by the Insurance Company due to want of the figures of actual yield of Aghani paddy crop for Sarmera Anchal. In such a situation, this Court, therefore, would direct the Agricultural Production Commissioner, Bihar, Patna as also the District Magistrate, Nalanda to ensure that whatever figures are required by the Insurance Company as with regard to the Actual Yield as per the letter of the 12 Agricultural Insurance Company of India dated 24.2.2010, Annexure-A to the counter affidavit of the Respondent no.5, the same must be supplied to the said Insurance Company within a period of one month from the date of receipt/production of a copy of this order. If upon receipt of such report regarding Actual Yield, the Insurance Company would find that the petitioner and other farmers of Sarmera anchal qualify for payment of insurance amount, the actual payment thereof strictly in accordance with the policy must be made within two months of the receipt of the report of Actual Yield by the Insurance Company. Let it be made clear that this Court has not decided the question on the merits of admissibility of the payment of amount by the Insurance Company and its limited concern is to ensure that if the farmers are entitled for any amount of insurance under the annual coverage of Kharif Insurance Scheme Policy, 2008, its actual benefit strictly in accordance with law must be made available to the farmers of Sarmera Block expeditiously in the time frame indicated above. 13 With the aforementioned observations and directions, this writ petition is finally disposed of. Rishi (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)