Any eventuality that adversely affects the supply of water to the agricultural fields violates Article 19: Allahabad High Court

Interrupted supply of electricity that affects the supply of water to the agricultural fields amounts to violation of Article 19 of the Constitution of India as it affects business and profession of the agriculturists, the Allahabad High Court observed on Tuesday (Nathu Prasad Kushwaha v. State of UP)..A Division Bench of Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery, therefore, directed the concerned government agencies to ensure uninterrupted supply of electricity to all tube-wells in affected areas of Bachheura village in Banda district. "We are of considered opinion 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," the order said. .The order was passed in a petition pointing out that supply of electricity in tube well No. 17 (Piperi) Banda in Village Bachheura was detained without assigning any reason and non-supply of the electricity was causing huge inconvenience to the public at large.Earlier, on February 18, the respondents (government and concerned authorities) had informed the Court that electricity connection has already been restored, and the 'petition for writ has become infructuous.'During the hearing on March 23, Tuesday, the counsel for the petitioner accepted the fact that electricity connection was restored, but submitted that the respondents were not adequately maintaining the tube-wells and disconnection of electricity was frequent..The Court, therefore, directed the District Magistrate of Banda and officers of other command areas to ensure regular maintenance of the tube-well and constant supply of electricity. "The District Magistrate, Banda is directed to ensure regular maintenance of the tube-well situated in command area of District - Banda. For other command areas, the concerned Officers of the Electricity Companies shall ensure uninterrupted supply of the electricity and the concerned District Magistrate for regular maintenance of the tube-wells," the order said. .[Read Order]