Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | -1950-Articles 161 and 32 Constitution of lndia |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Debt Relief – Debt Relief Scheme for agriculturists – Theappellants-farmers took a loan from the first respondent forpurchasing a tractor – Appellants sought a waiver of loan underthe notified schemes – However, their claim was denied – TheDistrict Forum held that appellants fell in the category of smallfarmers and amount was waived – However, the NationalCommission denied complete waiver of loan – On appeal, held:The National Commission came to the contrary conclusion on thesole ground that the land of the appellants was situated in thedistrict which was not included in Annexure-I u/cl. 6 of the scheme– However, the appellants had made claim u/cl.5 and not u/cl.6 –Therefore, the finding of the National Commission was erroneous– Further, explanation 2 to the definition of the marginal farmer,small farmer and other farmer provided that the largest landholding in the pool shall be the basis for the classification of allfarmers – u/cl. 3.6 of the scheme, a ‘small farmer’ meant a farmercultivating agricultural land of more than 1 hectare and upto 2hectares (5 acres) – In the instant case, both the farmers had aholding of 38 Kanals eleven marlas each – The District Forum hadcarefully evaluated this aspect and came to the conclusion that thelargest of the landholdings of the two appellants was 4 acres 6kanals and eleven marlas and hence both the appellants fell in thecategory of small farmers – The findings was in terms of theprovisions and was correct – Thus, the judgment of the NationalCommission set aside and the order of the District Forum whichwas confirmed in appeal by the State restored. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 2000 INSC 271 |
Petitioner | Satpal And Anr. |
Respondent | State Of Haryana And Ors. |
SCR | [2000] 3 S.C.R. 858 |
Judgement Date | 2000-05-01 |
Case Number | 45 |
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