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2015 Supreme(Bom) 697

B.P.DHARMADHIKARI, S.B.SHUKRE
Vimal Haribhau Naik – Appellant
Versus
State of Maharashtra, through its additional Principal Secretary (Forest), Department of Revenue & Forest – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Kunal Nalamwar, Advocate.
For the Respondents: R1, B.H. Dangre, Government Pleader, R2 to R4, Special Counsel for Forest Department.

Judgment :-

S.B. Shukre, J.

1. Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent of learned Counsel for petitioner and learned Government Pleader and learned Counsel for the respondents.

3. By this petition, the petitioner has sought redressal of her grievance that she has been treated differentially by denying payment of compensation to her for the loss of her orange trees caused by crop raiding wild animals, namely ran-rohe or blue-bulls.

4. It is the case of the petitioner that in the year 2010, she had planted 125 samplings of orange trees in her agricultural field bearing survey No.424 situated at mouza Mandvai, taluka Kalmeshwar, district Nagpur. The petitioner had nurtured these trees with great care and those trees had shown a healthy growth by April, 2012. According to the petitioner the orange trees would have blossomed about three years thereafter. The petitioner had invested amount of about Rs.40,000/- for planting and nurturing the trees. During the night intervening the dates of 7th and 8th April, 2012, there was, however, an unfortunate incident wherein a herd of blue-bulls descended upon the orange plantation and browsed the tender leaves, quivere























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