The rejection of claims by the insurance company was found to be discriminatory, arbitrary, and in violation of Article 14 of the Constitution of India. The State Government was held responsible for ensuring the compensation for post harvest loss to the agriculturists.

JUDGMENT

R.D. Dhanuka, J. - The petitioners in Public Interest Litigation No.91/2021 have prayed for Writ of Mandamus against respondents to sanction and grant compensation/claim for post harvesting losses caused to Soyabean Crop in the Kharip Season 2020 to the remaining 3,57,287 agriculturists in Osmanabad District. The petitioners have also prayed for Writ of Mandamus for an order and direction that in case respondent No. 7 (Insurance Company) refuses to pay the claims of 3,57,287 agriculturists, the respondent nos.2 to 6 shall be directed to pay the claim for post harvesting losses to these agriculturists in respect of Soyabean in the Kharip Season 2020 and for other reliefs.

2. The petitioner in Public Interest Litigation No.64 of 2021 has prayed for Writ of Mandamus against respondents to compensate or to pay the sum insured to all the insured agriculturists of Osmanabad District for their all the insured crops of Kharip Season 2020 and for other reliefs.

3. Writ Petition No. 6859 of 2021 is filed by the petitioners inter alia praying for Writ of Mandamus against respondent no.6 Insurance Company to grant and disburse the crop insurance claims of the petitioners and all other entire eligible agriculturists in Osmanabad District as provided in Clause 11.2 E-6 of Government Resolution dated 29.06.2020 and to comply with the directions issued by the State Government by its letter dated 05.03.2021 and all other reliefs.

4. By consent of parties all three proceedings were heard together and are being disposed of by a common order.

5. This Court has heard the parties at length in the petitions. The learned counsel for the Insurance Company has advanced common submissions in all the three petitions.

6. The petitioners in the said Public Interest Litigation No.91/2021 are the social workers from Osmanabad District. The Union of India had floated a scheme namely Pradhan Mantri Fasal Bima Yojana-2020 (hereinafter referred to as 'PMFBY') applicable for three years. The State of Maharashtra is implementing the said scheme and accordingly issued Government Resolution dated 29.06.2020 through Department of Agriculture. The said scheme is to be run by the Central Government and State Government. It is the case of the petitioners that, the State Government has accepted the liability to implement the said scheme and had accordingly issued the said Government Resolution dated 29.06.2020.

7. Clause 2 of the said Scheme provides for risk factor, Clause 3 provides the inclusion of the crops in oil seeds Soyabean, which is the subject matter of this Public Interest Litigation. Clause 7 of the said scheme provides for protected objects and Clause 7.5 specifically provides for post harvest losses. According to the petitioners, the said scheme is applicable to large number of agriculturists in the Osmanabad District. It was thus not possible for every agriculturists to execute Memorandum of Understanding with the Insurance Company. The State Government accordingly being a guardian of the agriculturists has selected the Insurance Company for implementation of the Insurance Scheme floated by the Central Government. The State Government accordingly selected respondent no.7 and executed Memorandum of Understanding on 27.07.2020 with the said Bajaj Alliance General Insurance Company Limited. It is the case of the petitioners that, under the said Memorandum of Understanding, it was made clear that the liabilities were accepted by the State Government on behalf of the agriculturists. The State Government was an agency in the said Memorandum of Understanding on behalf of the agriculturists.

8. There were heavy rainfall in the month of October 2020 in Osmanabad District and as a result thereof, at the time of harvesting of the crops, the crops were badly damaged. The harvested small hips in the fields decayed, decomposed and there were germination on the spot. Even after harvesting of the crops, the stored hips of the crops were putrefy and there was fungus. Eve