In a Public Interest Litigation filed in 2006 before the Allahabad High Court seeking directions upon the respondents to ensure that all sugar mills of the State pay interest, as provided in law, for the delay in payment of cane dues to the canegrowers from the crushing year 1996-97 onwards, a Division Bench of Justice Rajan Roy and Justice Manjive Shukla directed the Cane Commissioner to file a fresh affidavit regarding the cane dues and recovery certificates to deliberate further upon the matter.
The Court asked the Cane Commissioner, Uttar Pradesh as to whether even after the Court’s judgment dated 23-12-2021 passed in a bunch of writ petitions, the Cane Commissioner had issued certificates of recovery, charging interest on delayed payment of cane dues at the rate of 12% instead of 15%. The Commissioner submitted that this was true and that she had ordered for correction of the certificates recently.
The Cane Commissioner was directed to give names of all Commissioners who held office after 02-12-2021 and who may have issued orders for issuance of the recovery certificates, as such conduct was in contempt of the judgment dated 23-12-2021. The Court stated that it would also consider whether such action was in connivance or to help the sugar mills financially, to the financial detriment of the cane growers.
The Court was informed by the Cane Commissioner that the data pertaining to delayed payment of dues, etc. from 2023-24 till date have been digitalized so that the plea that the data available with the co-operative societies is not available to the Cane Commissioner would no longer be available and so that the dues can be recovered accordingly.
The petitioner and the Sugar Mill Association were directed to file their response to the compliance affidavit by the Cane Commissioner. Further, the Commissioner was directed to file a fresh affidavit regarding the cane dues for the last three years which was payable to the canegrowers, within 14 days. The Commissioner was also directed to mention as to how much of the dues was paid within the said three years as well as the amount which could not be paid, on which interest was payable. The said affidavit was also to disclose the details of recovery certificates which remained to be satisfied along with their amounts.
The matter has now been listed on 31-08-2026.
