Farmers Eligible for Government Compensation for Crop Damage by Wild Birds, Rules Bombay High Court The Bombay High Court’s Nagpur bench delivered a landmark ruling on Friday, affirming that farmers who suffer crop damage caused by wild birds are entitled to government compensation, even if the specific species involved are not explicitly listed in official guidelines. The decision, issued by a division bench comprising Justices Urmila Joshi-Phalke and Nivedita Mehta, overturned the state’s refusal to compensate Wardha farmer Mahadeo Dekate for losses incurred in 2016 when parrots destroyed a significant portion of his pomegranate crop. The case centered on Dekate’s petition, which sought compensation after parrots damaged approximately 50-55% of his 800 pomegranate trees over 1.5 acres near the Bor wildlife sanctuary. A field inspection confirmed the extent of the damage, estimating losses at ₹25 lakh. Despite this, authorities denied compensation, citing that parrots were not included in government resolutions (GRs) issued in 2010 and 2013, which only covered damage caused by specific wild animals like wild boar, deer, monkeys, and elephants. The court rejected the state’s argument, emphasizing that parrots are classified as “wild animals” under Schedule II of the Wildlife Protection Act, 1972. The bench held that the law mandates compensation for losses caused by protected wildlife, and excluding certain species from eligibility would violate the principle of equality under Article 14 of the Constitution. “The law expects every citizen to be a protector of wild animals,” the judges stated. “It cannot be expected to suffer losses because of these animals. The very purpose of giving protection to animals would be frustrated.#bombay_high_court #nagpur_bench #urmila_joshi_phalke #nivedita_mehta #mahadeo_dekate
