Mumbai News

Bombay HC raps Kolhapur authorities for destroying soyabean crop to celebrate Mahashivratri – The Indian Express

After it was recently informed that authorities in Kolhapur had destroyed soyabean crop on a petitioner’s field to celebrate Mahashivratri, the Bombay High Court passed an injunction order restraining the officials from using any part of the said land for festivities on March 1.

The court expressed displeasure over the submission that the 7/12 extract (land record) pertaining to said field contained that during Mahashivratri festival, the authorities will take possession of the field/land in Kurundwad area for a period of 15 days.

After Kolhapur district collector gave an undertaking that the authorities will confine the festivities only to the public road adjacent to the field and not use any of its land, the bench posted further hearing in the matter to March 10.

A division bench of Justice Shahrukh J Kathawalla and Justice Milind N Jadhav passed the order on February 26 in a plea by Shashikala Surendra Ambade and others through advocates Dhairyasheel Sutar and Nirmal Pagaria.

The plea sought reliefs against the Kolhapur district authorities and Kurundwad Municipal Council (KMC) against the action of destroying the soyabean crop in their field with the help of JCB for Mahashivratri Yatra this year.

Kolhapur District Collector Rahul Rekhawar and Chief Officer of KMC Nikhil Jadhav, who remained present during the hearing, 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 respondent authorities submitted that in 7/12 extract of the farm land concerned, it was endorsed that during Mahashivratri Festival, they will take possession of the land for a period of 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. 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 bench noted.

After accepting the District Collector’s undertaking, the bench directed the respondents to remain present during the next hearing along with their respective affidavits in reply to the plea, if any.

Source: https://indianexpress.com/article/cities/mumbai/bombay-hc-raps-kolhapur-authorities-for-destroying-soyabean-crop-to-celebrate-mahashivratri-7795178/