Any Eventuality That Interrupts Supply Of Water To Agricultural Fields Amounts To Violation Of Right To Trade Under Article 19: Allahabad High Court

26th Mar,2021

Any Eventuality That Interrupts Supply Of Water To Agricultural Fields Amounts To Violation Of Right To Trade Under Article 19: Allahabad High Court

The Allahabad High Court has ruled that cutting off electricity, which causes the supply of water to agricultural fields to be disrupted, is a breach of agriculturalists' fundamental right to trade and profession.
ARGUMENT BEFORE THE COURT:
The Petitioners in this case argued that such illegal power outages were negatively impacting water delivery and, as a result, agricultural production.
OBSERVATION MADE BY THE COURT:
A Division Bench comprising Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery recently made this observation while deciding a PIL seeking the restoration of electricity at a Tubewell that is used for irrigation in all nearby agricultural fields. We are of the considered opinion that in the command area, any occurrence that adversely affects the supply of water to agricultural fields practically amounts to a violation of Article 19 of the Indian Constitution because it affects the agriculturists' company and profession, the Bench noted at the outset. It also instructed the concerned government agencies to ensure that the tube-wells in the command area are kept operational and that regular maintenance and electricity are provided to ensure proper water distribution. The Respondent authorities claimed during the hearing that the electricity link had already been restored and that the petition had thus become infructuous. While the Petitioners' counsel acknowledged that the electricity had been restored, he claimed that the Respondents were not properly maintaining the tube-wells and that the disconnection of electricity was routine. As a result, the bench ordered the concerned District Magistrate to ensure that the tube-well in the command area is maintained on a regular basis.