NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT Vs. MULTI STATE COOPERATIVE LAND DEVELOPMENT BANK LIMITED

JUDGEMENT

(1.) These intra-court appeals, L.P.A. No. 1973 of 2016 and L.P.A. No. 1974 of 2016 filed by the National Bank for Agriculture and Rural Development (for short the "NABARD") and L.P.A. No. 2294 of 2016 filed by the Union of India are against the order passed in C.W.J.C. No. 12000 of 2013 filed by the Multi State Cooperative Land Development Bank Ltd.(for short "the Bank") and C.W.J.C. No. 9020 of 2013 preferred by the farmers (beneficiaries) , which was heard and disposed of by a common order dated 11.05.2016 passed by the learned Single Judge.

(2.) For the sake of convenience L.P.A. No. 2294 of 2016 is being taken up as a leading case as all the three appeals arise out of common order.

(3.) C.W.J.C. No. 12000 of 2013 was filed by the Bank and C.W.J.C. No. 9020 of 2013 was filed by the farmers(beneficiaries) . The facts emerging from the writ application is that the Central Government in the year 2008 announced a loan waiver scheme "Agriculture Debt Waiver and Debt Relief Scheme, 2008" (hereinafter referred to as "Scheme") , which was later notified by the Central Government in the Ministry of Finance, Department of Financial Services, Government of India, New Delhi. The NABARD was appointed as nodal agency for the implementation of the Scheme through the Regional Rural Banks (RRBs) and the Cooperative Banks like the Bank of the writ petitioner. The marginal farmers, small farmers and other farmers, as defined in the Scheme, were to get the benefit(s) of the said Scheme which was made applicable to the loans disbursed between 31.01997 to 31.02007. Clause 4(3) of the Scheme read as under :