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Posted by Sanchit Singh
in this case I have to prove my client or appellant innosent in favour of nuisance
- 9. In March 2015 the World Health Organization's International Agency for Research on Cancer classified the herbicide glyphosate as "probably carcinogenic in humans" based on epidemiological and other studies.
- 10. Mr. Nikhil Joshiowned60 hectares of farmland outside Pune. In 2013, Mr. Joshi first planted Roundup Ready canola on part of his farmland. Seeing how well it did, and how well he could control weeds with glyphosate in that experimental plot, Mr. Joshi converted all of his production to Roundup Ready canola in 2016.
- 11. Ms. Aparna Kumar inherited 60 hectares of farmland after her mother-s death in 2014, which land was across the street from Mr. Joshi-s land. Her mother had grown canolaon the farmland. After her mother-s death, Aparna converted the farm to certified organic canola and diversified production by planting grape vines. The production of canola increased by 10% per hectare after Ms. Kumar took over.
- 12. Over time Mr. Joshi and Ms. Kumar began to disagree about whether genetically engineered or organic canola plants were more productive, produced a superior product, and were better for the soil.
- 13. One day in May 2016, Ms. Kumar woke to find most of the canola plants on her land brown and desiccated. Mr. Joshi had sprayed his Roundup Ready canola crop with glyphosate the day before, which day had been windy. His canola plants looked fine. Ms. Kumar lost 75% of her canola crop. The 25% that remained were those plants closest to the land of Mr. Joshi, and Ms. Kumar surmised that they were in fact Roundup Ready migrants from Mr. Joshi-s land. The grape vines on Ms. Kumar-s land lost their leaves and died. Ms. Kumar lost her organic certification.
- 14. In a published interview that was requested by a reporter from the Pune Times, Ms. Kumar said -That so-called farmer Joshi killed my grape vines and my canola plants. He destroyed the farmland that my family has worked for generations. His canola oil is unsafe and will kill people, too. It is time we stopped exploiting Mother Earth and damaging our neighbors, ourselves, and all of creation in the process.-
- 15. Several of Mr. Joshi-s customers voided their purchase contracts for his canola oil after they read the article. Mr. Joshi also got several new customers shortly after the article was published as well.
- 16. Ms. Kumar filed a civil suit against Mr. Joshi in District Court. She sought compensation for the damage caused to her grapes, canola, and farm certification. Mr. Joshi counterclaimed for defamation and damages.
- 17. By judgment delivered in May 2017, the District Court issued a judgment in favor of Ms. Kumar on the damages to her land, awarding her Rs 99 Lakhs and for Mr. Joshi on the defamation claim, and awarding him Rs. 99.
- 18. Mr. Joshi appealed to the Bombay High Court and the final hearing has been scheduled for August 30, 2017.
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