The Bombay High Court recently restrained authorities in Kolhapur district of Maharashtra from destroying crops on a farmer's field to organise Mahashivratri festivities [Shashikala Surendra Ambade & Ors. v. The State of Maharashtra & Ors.]..The petitioners informed the Court that the Collector of Kolhapur and Chief Officer, Kurundwad Municipal Council had destroyed soyabean crops on their farms using JCB for Mahashivratri Yatra this year.A Bench of Justices SJ Kathawalla and Milind Jadhav expressed its displeasure over the petitioner being deprived of the possession of his land for 15 days."We do not understand under which provision of law, such an endorsement is made/allowed and how the plot of the petitioners can be taken away for a period of 15 days especially when the petitioners are growing soyabean crop on the said field," the order stated. The Court further said that such practice having happened in the past would not come to the rescue of the State authorities."Even if this practice has been adopted in the past, the same cannot be relied upon as a precedent and the Court is required to stop such practice once it is opposed by the Petitioners," the order stated..The authorities tried to defend their action by saying that a member of the petitioners’ family had consented to the said action during a meeting. However, the petitioners denied the same.The Collector informed the Court that he will ensure that the field of the petitioners is not used for the Mahashivratri festivities and the said festivities will be confined and held only on the public road.Accepting the undertaking, the Bench restrained State by an order of injunction from using any part of the land/field of the petitioners for the festival of Mahashivratri..[Read order]
The Bombay High Court recently restrained authorities in Kolhapur district of Maharashtra from destroying crops on a farmer's field to organise Mahashivratri festivities [Shashikala Surendra Ambade & Ors. v. The State of Maharashtra & Ors.]..The petitioners informed the Court that the Collector of Kolhapur and Chief Officer, Kurundwad Municipal Council had destroyed soyabean crops on their farms using JCB for Mahashivratri Yatra this year.A Bench of Justices SJ Kathawalla and Milind Jadhav expressed its displeasure over the petitioner being deprived of the possession of his land for 15 days."We do not understand under which provision of law, such an endorsement is made/allowed and how the plot of the petitioners can be taken away for a period of 15 days especially when the petitioners are growing soyabean crop on the said field," the order stated. The Court further said that such practice having happened in the past would not come to the rescue of the State authorities."Even if this practice has been adopted in the past, the same cannot be relied upon as a precedent and the Court is required to stop such practice once it is opposed by the Petitioners," the order stated..The authorities tried to defend their action by saying that a member of the petitioners’ family had consented to the said action during a meeting. However, the petitioners denied the same.The Collector informed the Court that he will ensure that the field of the petitioners is not used for the Mahashivratri festivities and the said festivities will be confined and held only on the public road.Accepting the undertaking, the Bench restrained State by an order of injunction from using any part of the land/field of the petitioners for the festival of Mahashivratri..[Read order]