KOCHI: Fruit bats causing damage to crops is nothing new. But a farmer suing the forest department seeking a huge compensation for the loss he incurred owing to the flying mammals is not something common.
C D Adarsh Kumar, whose main source of income were two Rudraksha trees in his orchard, was a successful farmer until recently. He said he earned a handsome Rs 1 crore per year from his four-acre land until a few years back. He used to sell quality Rudraksha beads from the two trees.
However, a colony of bats that feed on unripe fruits have left him devastated. The resident of Kallekulam, Poonjar, has been unable to earn a penny from the farmland in the past three years, and landed in a debt trap.
Facing recovery proceedings from banks, Adarsh has moved the Pala sub-court seeking a compensation of Rs 2.25 crore from the forest department.
However, can the forest department be held responsible for the crop loss caused by fruit bats? Adarsh says the custodian of forest is responsible for the loss caused by protected wild animals that intrude into farmlands outside the forest.
“I developed a biodiversity park on my four-acre farmland over the past 35 years, where I grow rare and exotic fruit trees. The fruit bats started attacking the trees since 2015-16, and I have not been able to earn even a penny in the past three years. I had to sell some trees to meet my family’s expenses in the past couple of years. The Poonjar Cooperative Bank and Kerala Bank have initiated recovery proceedings against me for loan default,” Adarsh said in his petition filed on November 14.
Adarsh said he used to get beads with four to 20 faces from the Rudraksha trees.
‘Forest dept has to pay me compensation’
“Some beads like Gauri-Shankar fetch fancy prices. Beads with five faces are common and are sold for `10 per piece. However, I can grow four saplings from a bead which I sell for `100 each. Besides, there are fruits like Durian, Filosan, Borneo avocado and Rambutan in my orchard which provided me steady income. However, for the past three years, I haven’t been able to harvest the yield as a big colony of bats is feeding on my crops regularly,” he said.
He said he has a liability of `1.67 crore with the Poonjar bank and a little over `1 crore with the Poonjar branch of Kerala Bank. “I also took a loan of `4 lakh in my wife’s name. The banks will attach my property and my family will be on the streets soon. The fruit bats have devastated my life and the forest department has to pay me compensation,” said Adarsh.
Kerala Independent Farmers Association (KIFA) legal consultant advocate Jose J Cheruvil said fruit bats are a protected species categorised under Schedule I of the Wildlife Protection Act, 1972.
“If farmers kill them or fire gunshots to scare them, it will be considered an offence. However, wild animals should be restricted in the forest and as custodian of forests, the forest department has to be held accountable for the devastation caused by animals.
As per the strict liability principle, the department is liable to pay compensation if wild animals stray into the property of farmers and destroy crops. The compensation extended by the department is meagre and we are demanding that the amount be enhanced considering the value of the crop,” he said.