Gauhati High Court denies SMAM scheme benefit to ‘high net worth’ individual

Staff Reporter

Guwahati: In a recent order, the Gauhati High Court directed that Audesh Kumar Singh, considered to be a ‘high net worth’ individual, should be kept from receiving benefits under the Sub-Mission on Agricultural Mechanization [SMAM] scheme till the returnable date. The HC observed that besides being a high-net-worth individual, Singh (respondent no. 5) and his family have large numbers of landed properties, including agricultural land, non-agricultural land, commercial buildings, and residential buildings, which excludes him from being a beneficiary of the SMAM scheme.

The observation was made by Justice Manish Choudhury during the hearing of a writ petition (Case No. WP(C)/5760/2024) filed by Jivika Farmers Group, represented by its president Ali Hussain Barbhuiya. The petitioner is an agriculture self-help group that has pleaded that the respondent Singh be debarred from receiving the benefit.

It was projected that the central Ministry of Agriculture and Farmers Welfare launched a scheme, ‘Sub-Mission on Agricultural Mechanization [SMAM],’ the objective of which is to identify the areas of low ratio farm power availability or areas with a large number of small and marginal holdings for implementation of farm mechanization components. The petitioner maintained that they fulfill the criteria of the SMAM to be a beneficiary.

F Z Mazumder, counsel for the petitioner, submitted that the task of identifying the beneficiaries of the SMAM at the district level has been entrusted to a District Level Executive Committee [DLEC] in a transparent manner. It is his further submission that the petitioner has submitted an application for obtaining benefits under the SMAM as a beneficiary, but the petitioner has come to learn that the benefit has been inter alia extended to the representative of the SHG in respondent no. 5, Audesh Kumar Singh, by the DLEC, Cachar.

Mazumder drew the attention of the court to the document annexed to this writ petition to highlight that Singh (respondent no. 5) in the Assessment Year 2009-2010 had submitted an ITR showing income of more than Rs. 3 crore and landed properties at various places, which belies his claim to be a small and marginal farmer, and as such, the respondent no. 5 could not have been extended the benefit under the SMAM. He has contended that a result of the selection of such kind of beneficiaries, the petitioner has been deprived of the benefit under the SMAM.

Standing Counsel of the Agriculture Department, Ms. Bora, sought time to obtain instructions in the matter, and the court directed to issue notice, returnable on December 16, 2024.

The court ordered the petitioner to take steps for service of notice upon the respondent no. 5 by registered post within three working days from the date of the order. 1

With regard to the facts, the court ruled that “the Sub-Mission on Agricultural Mechanization [SMAM] is meant for beneficiaries for areas where farm power availability is low or for areas with large number of small and marginal holdings and from the documents annexed, it prima facie appears that besides being a high net worth individual, the respondent no. 5 and his family have large numbers of landed properties including agricultural land, non-agricultural land, commercial building and residential building, observing that if the benefit under the SMAM has not been extended to the respondent no. 5 till date, then the same shall be kept in abeyance till the returnable date”, which was fixed on December 16, 2024.

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