Interruption in Supply of Water to Agricultural Fields is a Violation of Art 19 – Allahabad HC

In the petition of Nathu Prasad Kushwaha & Ors. v. State of UP & Ors, the respondents of Village – Bachheura, District – Banda have preferred this petition for writ to get electricity restored at Tube- well No. 17 (Piperi) within command area.

As per the petitioners, all the agricultural fields in the command area are irrigated through the tube-well referred above and unauthorized discontinuation of electricity adversely affects the distribution of water and ultimately the agricultural production.

It is also stated that no Government Agency is adequately maintaining the tube-wells situated in the command area.

This Court, by order dated 18.2.2021, call upon the respondents and in response thereto, it is stated by learned Standing Counsel that electricity connection has already been restored, and as such, this petition for writ has become infructuous.

Learned counsel appearing on behalf of the petitioners while accepting the fact that electricity connection has already been restored submits that respondents are not adequately maintaining the tube-wells and disconnection of electricity is as usual. Having considered the facts of the case, Allahabad HC observed that in command area any eventuality that adversely affects the supply of water to the agricultural fields virtually amounts to the violation of Article 19 of the Constitution of India as that affects business and profession of the agriculturists.

The responsible Government Agencies must ensure that in normal course, the tube-wells situated in command area must remain operational.

Regular maintenance and supply of electricity to such tube-wells is necessary to ensure proper distribution of water.

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