Important Point: The shortfall in the yield is equivalent to threshold yield and actual yield during relevant period. The contention that there is scaling down of Annewari by the State Government, which itself is indicative of the shortfall of yield, cannot be accepted.

K. L. Wadane, J.:

1. Heard the learned counsel for the parties.

2. Rule. Rule made returnable forthwith. With consent of parties, the petition is taken up for final disposal.

3. The petitioner has filed this writ petition with the following prayers.

"(B) It be held and declared that members of the petitioner society whose names are mentioned in Exhibits B and C herein are entitled to receive compensation under the National Agricultural Insurance Scheme (NAIS) from Respondents No.1 to 5 because of loss and damage suffered by them to their sugarcane crop on the night intervening between 5th and 6th January 2002 due to icicle and cyclone which occurred in Hosur village in Nilanga Taluka of Latur District.

(C) By a writ of mandamus or any other appropriate writ, order or direction, this Hon'ble High court be pleased to direct the respondents No. 1 to 5 and more particularly respondent No. 3 to calculate and pay the members of the petitioner society compensation for the loss and damage caused to their sugarcane crop due to icicle and cyclone which occurred on the night intervening between 5th and 6th January, 2002, forthwith."

4. The petitioner is a village level Society engaged in providing loan facilities to its members/ farmers. Respondent No.1 has evolved and brought out National Agricultural Insurance Scheme (for brevity 'NAIS'). As per Clause 1 of the NAIS, insurance protection and financial assistance is provided to the farmers in the event of loss or damage caused to their crops due to natural calamities and other reasons. As per Clause 2(1) of the NAIS, the farmers who are taking crop loan from financial institutions have to be compulsory members of this Scheme. As per Clause 2(3) of the Scheme, rates of of crop wise insurance premium are prescribed. In the said clause, at Serial No.3, for annual cash crop taken for Kharip and Rabbi seasons, the rate of insurance premium is fixed at actual rate. In Clause 2(4) of the Scheme, it is provided that Central Government and the State Government would give 50% subsidy in the payment of insurance premium to the farmers at the rate of 25% each. As per clause 2(56) it is provided that crop protection would be granted to the farmers under the scheme, if the damage caused to the crop is due to circumstances and reasons beyond the control of the farmers. Reasons of storm, icicle and cyclone are mentioned as those reasons due to which insurance protection is available. As per clause 2(7), formula by which the insurance compensation is payable is prescribed.

5. The petitioner had advanced crop loans to its members/farmers by taking cash credit from respondent Nos. 4 and 5. Accordingly, all the members of the petitioner society who were granted crop loan for sugarcane crop in January 2001 were required to compulsorily contribute insurance premium as per the rate prescribed in the Scheme. It is contended by the petitioner that deduction of insurance premium under the scheme was made from the crop loans granted to the members of the petitioner society in the month of February and March, 2001. So, the members of the petitioner society have already paid the necessary premiums for the insurance of their crop.

6. On the night intervening 5th and 6th January, 2002, in the entire geographical area of village Hosur, icicle and cyclone occurred, due to which, there was damage to the crops of the members of the petitioner society to the extent of cores of rupees including loss to the sugarcane crops.

7. Representatives from the office of the District Superintending Agricultural Officer, Latur conducted survey about the damage caused to the crops of the area hit by icicle and drew panchanamas of such damage. Such Panchanamas were forwarded to the concerned Tahsil Office and this fact was also informed to the members of the petitioner society. The sugarcane crop raised by the members of the petitioner society in Rabbi season, 2001 suffered extensive damage therefore, as per terms and conditions of the a