JUDGMENT : Dr. A.K. Rath, J. Non-payment of compensation, for the damaged crop due to defective supply of seeds by the opposite parties, is the subject-matter of dispute in the present writ application. 2. The petitioner is a public spirited person. He espouses the cause of the farmers of different blocks of the Balasore district. The case of the petitioner is that the farmers are the registered seed growers belonging to different blocks of Balasore district. They are registered with the Odisha State Seeds Corporation Limited, opposite party no.1, for the last 25 years. They are regular seed growers. They purchased seeds, namely, Moong and Biri TU 94-2 variety bearing Lot Nos.APR 12-18-150-6211 R 177 and APR 12-18-150-0211 R 177(1) from opposite party no.1 for the session 2012-13 in December, 2012 to January, 2013. After cultivation of the same in February, 2013, it was found that the same was affected by Mungbean Yellow Mosaic Virus (hereinafter referred to as “the MYMV”). The State Level Committee under the Chairmanship of Dean of Research, Orissa University of Agriculture & Technology, was formed. The said Committee visited the affected areas, inspected the crop and submitted its report, vide Annexure-1. The report shows that the farmers took utmost care to save the crop through adequate plant protection measures. The varieties of seeds were affected by MYMV, but other lot of seeds of the same variety was not affected by MYMV. It was found that the crop grown from Breeder seeds of the same variety received from another source at Raipur, Chattisgarh had not been affected by MYMV. The Committee recommended to compensate the affected farmers. Another committee, comprising a team of Associate Professor, RRTTS, Ranital and others, visited the affected areas and submitted its report. While the matter stood thus, in a meeting held, under the Chairmanship of the Principal Secretary to the Government, Department of Agriculture, on 2.8.2013, a decision was taken to pay compensation to the affected farmers. The Principal Secretary advised the opposite party no.1 to forward a detail proposal to the Government, vide Annexure-3. Further case of the petitioner is that the variety of seeds TU 94-2 was suitable for kharif crop in South Zone of India. But then, it was given to the affected farmers in Odisha and that too in December-January for the Rabi Crops, which was not suitable. Further case of the petitioner is that the variety of seeds TU 94-2 was suitable for kharif crop in South Zone of India. But then, it was given to the affected farmers in Odisha and that too in December-January for the Rabi Crops, which was not suitable. As a result of the damaged crop, the farmers sustained huge financial loss. They had taken loans from private money lenders and some from co-operative societies and banks. They are not in a position to pay the same. Some of the families are facing starvation. The farmers made a representation to the Government as well as different authorities. In paragraph-6 of the writ application, a chart has been given indicating therein the total cost/investment per acre for the farmers. The chart shows that the total cost/investment per acre was Rs.44,454/-. In this factual scenario, a prayer has been made for a direction to the opposite parties to pay compensation as per the recommendation of the State Level Committee, vide Annexure-1. 3. Pursuant to issue of notice, a counter affidavit has been filed by the opposite party no.1. The case of the opposite party no.1 is that it is a seed producing agency. It supplies seeds to the growers after obtaining tags from the Odisha State Seed and Organic Products Certification Agency. It had not supplied defective seeds to the growers. The petitioner had not lodged any complaint regarding failure of the crop due to poor germination. It is further stated that the proceedings of the meeting was held on 2.8.2013 in the chamber of the Principal Secretary, Agriculture Department, Government of Odisha and the matter was discussed. It was observed from the report of the State Level Committee, who visited field on 19.5.2013, that the seed growers performed the sowing works during the last week of February, 2013 to 1st week of March, 2013. The crop loss was 100% due to MYMV. During deliberation, the Director, Agriculture and Food Production, Odisha, intimated that MYMV which was due to pest attack, was endemic in Odisha. When there is high temperature, the pest attack aggravates resulting in damage of the crop. In the instant case, due to delay in sowing, the crop was attacked by MYMV. It is stated that damage was due to pest attack, so it is not liable to pay any compensation. When there is high temperature, the pest attack aggravates resulting in damage of the crop. In the instant case, due to delay in sowing, the crop was attacked by MYMV. It is stated that damage was due to pest attack, so it is not liable to pay any compensation. But then, the Government may consider for providing compensation basing on the recommendation of the committee. The Principal Secretary suggested that the seed growers should go for crop insurance as they are regular seed growers and making profit out of the business. However, as per the recommendation of the committee, opposite party no.1 submitted a detailed report to the Government. 4. Opposite party no.2 has also filed a counter affidavit. The case of the opposite party no.2 is that as per the proceedings of the meeting held on 2.8.2013 in the Chamber of the Principal Secretary, Agriculture Department, regarding the extent of loss of Biri growers during Rabi-2012, it was observed from the report of the State Level Committee, on the basis of their field visit to Balasore on 19.5.2013, that the seeds were supplied by the opposite party no.1 to the seeds growers during last week of December, 2012 to 1st week of January, 2013, but the seed growers performed the sowing work during last week of February, 2013 to 1st week of March, 2013. The committee reported that the crop loss was 100% which was due to MYMV. During deliberation, Director of Agriculture & Food Production intimated that MYMV, which is due to pest attack, is endemic in Odisha and when there is high temperature, the pest attack aggravates and ultimately the crop suffers from MYMV. It is further stated that due to delay in sowing, the problem had happened. However, the State Level Committee suggested that the affected seed growers should be compensated. Opposite party no.1 submitted that as the damage was due to pest attack, it is not liable to pay any compensation to the seed growers but the Government may consider for providing compensation basing on the recommendation of the Committee. Opposite party no.2 suggested that the seed growers should go for crop insurance as they are regular seed growers and are making profit out of the seed business. Opposite party no.2 suggested that the seed growers should go for crop insurance as they are regular seed growers and are making profit out of the seed business. However, as per the recommendation of the committee to give compensation to the affected seed growers, opposite party no.2 advised the opposite party no.1 to move a detailed proposal to the Government for its consideration. It is further stated that the farmer had not sustained loss of Rs.1,11,135/-per hectare. It is further stated that the average yield under normal condition is 962 kg. per hectare, but if the crop is in good condition, the average yield per hectare comes to 1000 Kg. Thus the market support price was Rs.4500/-per quintal, so the annual yield comes to Rs.45,000/-per hectare. It is further stated that the opposite party no.1 vide letter no.6473 dated 15.11.2013 to the Agriculturist, Agriculture Department intimated that the Director of Agriculture & Food Production, Odisha, proposed the Government to sanction and release an amount of Rs.5000/-per acre to the affected seed growers towards compensation. The Board of Directors of the opposite party no.1 in their 137th meeting held on 20.6.2014 made a detailed discussion regarding the payment of opposite party no.1 to the affected farmers. It was unanimously decided by the members that the Corporation should pay compensation to the affected farmers at the rate of Rs.5000/-per acre after detailed verification of the list of beneficiaries. 5. A supplementary affidavit has been filed by the petitioner annexing therein two purchase bills of the opposite party no.1. One purchase bill dated 20.7.2014 shows that the farmer had purchased Moong, Variety-Tarm-I, Class-F, No. of Bags-37 at Rs.8000/-per quintal. Similarly, another farmer had purchased Biri, Variety-IPU-0243, Class-C, No. of Bags-43 at Rs.6500/-per quintal on 15.7.2014. 6. Heard Dr.K.Sharma, learned counsel for the petitioner, Mr.Mohanty, learned counsel for the opposite party no.1 and Mr.Mohapatra, learned Government Advocate. 7. It is a fact that the farmers of different blocks of Balasore districts had purchased Mung and Biri TU 94-2 variety for the session 2012-13 from opposite party no.1. After the crop was affected by MYMV, the State Level Committee under the Chairmanship of Dean of Research, Orissa University of Agriculture & Technology comprising six members visited the affected areas and submitted a report, vide Annexure-1. After the crop was affected by MYMV, the State Level Committee under the Chairmanship of Dean of Research, Orissa University of Agriculture & Technology comprising six members visited the affected areas and submitted a report, vide Annexure-1. The report shows that the farmers performed the sowing works during the last week of February, 2013 to 1st week of March, 2013 and usually blackgram sowing is done by them each year during the said period of time. Previously also the farmers had grown the varieties like Sekhar-2, PU-31 and TU 94-2 successfully. The committee critically observed the problem in the farmer’s field and found that the crop was 100% affected by MYMV before flowering initiation. There was no flowering and fruiting in the affected crop. The farmers had taken utmost care to save the crop through adequate protection measures. They had also taken proper care in maintaining optimum plant population and the vegetative growth of the plants were quite good without any flowering and fruiting. The different lot from the same variety (TU 94-2) was not affected by MYMV. The identity of the two lots of the same variety {Lot No.177 and 177(i)} of the same variety TU 94-2 seemed to be different in relation to the phenotypic characters from other lots of same variety grown in that area. In 2013 also the variety TU 94-2 had been grown in the same village from Breeder seed received from IGKV, Raipur and there was no MYMV infection in that plot. The Committee prepared the lists of cause of crop failure, remedial measures and present status, which is extracted below; “Cause of Crop Failure 1. Identity of the Lots {177 & 177 (i)} supplied in the name of TU 94-2 seems to be different on the phenotypic characters as compared to other lots of same variety and MYMV resistance is concerned. 2. The variety TU 94-2 specifically recommended for Rabi planting and the farmers delayed the sowing. Remedial Measures 1. Remedial measure has already been taken by the growers early to save the crops as reported by the field staffs of Agricultural Department. 2. In the present stage, when the crop has been damaged completely due to MYMV, there is no necessity of further remedial measure. 3. Remedial Measures 1. Remedial measure has already been taken by the growers early to save the crops as reported by the field staffs of Agricultural Department. 2. In the present stage, when the crop has been damaged completely due to MYMV, there is no necessity of further remedial measure. 3. The Committee has suggested to destroy the infected standing crop completely by incorporating in the soil, so that infected plants are buried if the soil to facilitate complete decomposition. Present Status The Crop is 100% damaged due to MYMV.” Finally, the Committee recommended that the affected seed growers should be adequately compensated as soon as possible. 8. The minutes of the 137th meeting of the Board of Directors of the opposite party no.1 held on 20.6.2014, vide Annexure-B/2, shows that the decision was taken to pay Rs.5000/-per acre to the affected farmers and accordingly, opposite party no.1 submitted a detailed report of Biri crop variety of TU-94-2 affected by MYMV to the Government. The purchase bills dated 20.7.2014 and 15.7.2014, vide Annexure-15 series, show that the farmers had purchased Moong at Rs.8000/-per quintal and Biri at Rs.6500/-per quintal. There is a great variance between the prices in December, 2013 to July, 2014. Taking plight of the farmers, the Government took a conscious policy decision to pay compensation to the affected farmers at the rate of Rs.5000/-per acre. 9. So far as prices of Moong and Biri are concerned, the same cannot be determined by this Court. Considering the prices quoted in the purchase bills, vide Annexure-15 series, we think it proper to remit the matter back to the Principal Secretary, Agriculture Department, Government of Odisha, to find out the prices of Moong and Biri TU 94-2 variety at that relevant point of time and loss incurred by the farmers in growing the seeds and calculate the compensation afresh. We direct Principal Secretary, Agriculture Department, Government of Odisha, to pay the compensation as awarded at the rate of Rs.5000/-per acre forthwith to the affected farmers to save the family from starvation. If any adequate compensation is payable after calculation, the same shall also be disbursed. With the aforesaid observation, the writ application is disposed of.