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Citing principle of fairness, SC awards farmers more compensation than they sought

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Citing principle of fairness, SC awards farmers more compensation than they sought

[vc_row][vc_column][vc_column_text]In a path-breaking judgment, SC hikes compensation sum from Rs 115 per square yard to Rs 297 per square yard

~By Sujit Bhar

In an extraordinary judgment, the Supreme Court on September 11 directed that some villagers in Uttar Pradesh, whose land had been acquired by the state at the rate of Rs 115 per square yard, actually deserved to be paid Rs 297 per square yard, even if the farmers had not demanded compensation at that rate.

In delivering this judgment – in the matter of Narendra & Ors. v State of Uttar Pradesh & Ors – the court made an  observation which should go down in history as a precedent as judgments come. The court observed that “the mere fact that the compensation which was claimed by some of the villagers was at lesser rate than the compensation which is ultimately determined to be fair compensation, should not be a ground to deny such persons appropriate and fair compensation on the ground that they claimed compensation at a lesser rate”.

The Allahabad High Court had granted compensation to the villagers – those whose land had been acquired by the state – at the rate of Rs 115 per square yard. However, the Supreme Court set aside this judgment and set the higher compensation limit, saying that the difference in compensation, along with other statutory benefits, was directed to be paid to them within a period of three months.

Why is this verdict special? That is because a fair consideration of a demand does not just look at the demand, but also to peripheral situations that exist, often beyond the field of view of the petitioner.

Justice is not a one-dimensional, monochromatic word. It encapsulates a philosophy that Plato gave birth to while considering the genesis of justice. Being fair is one way to describe it, but Plato, in using the Greek word “dikaisyne”, pushed it more towards “morality” or “righteousness”. While these, in ancient times, were the right duties of a man, they also take into consideration societal aspects of fairness and morality. If in one tradition honour killing is righteous and moral, it isn’t in another. That is a paradox that needs to be dealt with.

What Plato wanted to do was show that justice is the quality of soul, a lack of selfishness and a general belief that it was done for the general good. It would have had been difficult in a society where death for honour was a purely divine experience.

Over and above, societal expectations on compensation vary. How would a square yard of a person’s personal farmland, handed down through generations, and his or her only source of sustenance, be compensated? At stake is not only his income, but his/her very identity.

Those are philosophical considerations and the debate can be endless. In more prosaic terms, however, compensation is indemnification, payment of damages, making amends, that which is necessary to restore an injured party to his former position. Those are the legal peripherals, as per Black’s Law Dictionary. And in judging each and every aspect of that comes the question of morality. And that is where the Supreme Court judgement has scored high on principles. That is what makes this judgment extraordinary.

While it is common practice to assume that a demand has to be judged within the ambit of normal standards, it is also inferred that the demand can be considered as the upper limit in resolution of the debate. In this case, the top court went beyond that and assumed that the demands were probably not made with full knowledge of the market.  The apex court felt morally liable to adjudicate on moral guidelines.

The Indian Supreme Court deserves a big thank you for that.[/vc_column_text][/vc_column][/vc_row]

India News

Omar Abdullah hits back at BJP over Rs 100 crore legal notice, says party is hiding behind court

Omar Abdullah has responded to the BJP’s Rs 100 crore legal notice, accusing the party of avoiding political debate and announcing legal action against BJP leaders.

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Jammu and Kashmir Chief Minister Omar Abdullah on Monday responded sharply after receiving a Rs 100 crore legal notice from the Bharatiya Janata Party (BJP), accusing the party of avoiding a political confrontation by taking the matter to court.

The BJP’s notice demands that Abdullah either apologise or provide evidence to support his allegation that BJP leaders had offered between Rs 20 crore and Rs 30 crore to National Conference (NC) legislators to persuade them to switch sides.

Omar Abdullah calls legal notice a ‘love letter’

Speaking to reporters in Srinagar, Abdullah said he had received an electronic copy of the legal notice and described it as a “love letter” from the BJP.

He said he viewed the notice as a sign that the BJP considered him a significant political opponent.

“I am perhaps the only politician who has been bestowed with a ‘love letter’ like this by the BJP. I consider this a mark of respect that I am obviously a political force they cannot ignore,” Abdullah said.

Says BJP chose court over political response

Abdullah criticised the BJP for pursuing legal action instead of responding politically to his allegations.

He said he deliberately made the remarks at a political event rather than in the Assembly, where statements are protected from legal challenge, because he expected a political rebuttal.

According to Abdullah, the BJP’s decision to approach the court reflected its style of handling political disputes.

National Conference to initiate legal action

The Chief Minister also announced that the National Conference would begin issuing legal notices to BJP leaders in Jammu and Kashmir over what he described as unfounded and defamatory allegations against his party.

He said senior BJP leaders had been making slanderous remarks against the National Conference over the past few months and that the party would now respond through legal channels.

Abdullah added that the National Conference would serve legal notices to those leaders and see how the legal process unfolds.

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PM Modi to visit Punjab on July 17, launch railway projects as BJP prepares for solo poll battle

Prime Minister Narendra Modi will visit Punjab on July 17 to inaugurate the redeveloped Jalandhar Cantonment Railway Station and launch key railway projects as the BJP prepares to contest future elections independently in the state.

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Prime Minister Narendra Modi will visit Punjab on July 17 to inaugurate and lay the foundation for multiple railway projects, marking his first visit to the state since the Bharatiya Janata Party (BJP) decided to contest future elections independently in Punjab.

During the visit, the Prime Minister will inaugurate the redeveloped Jalandhar Cantonment Railway Station, which has been modernised under the Centre’s Amrit Bharat Station Scheme. The 110-year-old station is among 75 railway stations across the country scheduled to be inaugurated as part of the government’s railway modernisation programme.

The redevelopment aims to improve passenger amenities, enhance station accessibility and transform railway stations into modern transport hubs.

New train service between Jalandhar and Varanasi

Apart from inaugurating the upgraded station, PM Modi will also lay the foundation stone for the Shri Guru Ravidass Ji Maharaj Express, a new train service connecting Jalandhar and Varanasi.

Named after Guru Ravidass Ji Maharaj, the train is intended to strengthen connectivity between Punjab and Varanasi, where the revered saint spent a significant part of his life. Guru Ravidass is widely respected for promoting equality and social justice, and his teachings continue to hold special significance in Punjab, particularly among the Scheduled Caste community.

Visit comes amid changing political landscape

The Prime Minister’s visit comes at a time when political activity has intensified in Punjab ahead of the upcoming Assembly elections.

The BJP recently announced that it would contest future elections in Punjab without entering into alliances, making this visit politically significant as the party seeks to strengthen its independent presence in the state.

Party leaders have projected the visit as development-focused, highlighting infrastructure initiatives and improved connectivity. In social media posts, Punjab BJP leaders welcomed the Prime Minister and described the visit as an important occasion for the state.

Security and preparations underway

Authorities have stepped up preparations for the Prime Minister’s programme in Jalandhar. Security arrangements are being reviewed while logistical preparations at the railway station are underway to ensure the smooth conduct of the visit.

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Rs 1,160 crore rice diversion case widens, 56 mills and 22 ethanol plants under investigation

Authorities have expanded the alleged Rs 1,160 crore government rice diversion investigation, bringing 56 rice mills and 22 ethanol plants under scrutiny over suspected misuse of subsidised rice meant for ethanol production.

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Government agencies have widened their investigation into an alleged Rs 1,160 crore rice diversion case, bringing 56 private rice mills and 22 ethanol plants across 17 districts under scrutiny. The probe is focused on determining whether subsidised government rice allocated for ethanol production was diverted through private mills instead of being used for its intended purpose.

Investigation expands after truck found at private rice mill

The investigation began after a truck transporting government rice from a Food Corporation of India (FCI) warehouse to an ethanol plant was allegedly found inside a private rice mill. What initially appeared to be an isolated incident has now expanded into a multi-district probe involving 17 seized trucks, over 50 witness statements and multiple accused.

Authorities are trying to establish how much of the nearly 5 lakh metric tonnes of government rice supplied to ethanol plants was actually converted into ethanol and whether a portion of it was diverted before returning to government warehouses.

Alleged circular trade under investigation

Investigators suspect that subsidised rice supplied to ethanol plants at around Rs 2,320 per quintal may have been sold to private rice mill operators at higher prices instead of being processed into ethanol.

According to the investigation, the rice was allegedly repacked by private mills and deposited back into government warehouses as custom-milled rice. Officials are also examining whether the original paddy supplied for milling was sold separately in the open market or transported to other states, potentially allowing multiple profits from the same stock.

Authorities believe the alleged arrangement, if established, could have enabled financial gains at several stages while avoiding actual ethanol production.

Officials examining monitoring failures

The investigation is also looking into whether lapses in monitoring or possible collusion allowed government rice to re-enter official warehouses without proper verification.

Officials are checking whether rice previously released under the ethanol scheme was accepted again as newly milled stock through the custom milling system.

Police register FIR, arrest four accused

Balaghat Superintendent of Police Aditya Mishra said the case began after authorities received information about three trucks carrying government rice from FCI warehouses to the AVJ Agrico ethanol plant. During a joint inspection by Revenue, Food and Police officials, one truck was allegedly found inside Sancheti Rice Mill, leading to the registration of an FIR for cheating.

A Special Investigation Team (SIT) comprising 20 to 25 members was subsequently formed.

According to the police, investigators have so far:

  • Arrested four people
  • Identified more than 13 accused
  • Recorded statements of over 50 witnesses
  • Issued notices to 56 rice mills
  • Seized 17 trucks
  • Obtained non-bailable warrants against two individuals

Police said the investigation remains ongoing and further action will be taken based on new evidence.

Production records and transport data under verification

Investigators are comparing FCI dispatch records with ethanol production data, transport logs, warehouse receipts and custom milling records.

Authorities are also examining production capacity, electricity consumption, machinery usage and raw material records at ethanol plants to verify whether the quantity of rice supplied matches actual ethanol output.

Similar verification is underway at rice mills to determine whether their claimed milling operations correspond with electricity consumption, labour deployment and machinery records.

Use of fortified rice raises additional questions

The case has drawn additional attention because the grain under scrutiny was fortified rice, which is enriched with iron, folic acid and Vitamin B12 to help address anaemia and malnutrition among children, pregnant women and adolescent girls.

Investigators are examining why fortified rice was supplied for ethanol production when distilleries generally use broken rice as feedstock. They are also looking into whether FCI followed stock rotation norms while allocating rice under the scheme.

Collector sought wider scrutiny

Confidential communications from the Balaghat Collector reportedly recommended verification of whether rice released for ethanol production actually reached the designated plants. The Collector also sought scrutiny of the allocation process, transportation chain, utilisation certificates and the roles of FCI officials, ethanol companies, transporters and rice mill owners.

The investigation currently covers nearly 5 lakh metric tonnes (50 lakh quintals) of government rice, valued at approximately Rs 1,160 crore at the subsidised allocation price.

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