BENGALURU: The Karnataka High Court has directed the State Government and power distribution companies to treat farmer societies at par with individual farmers and not deny them tariff subsidies.
The HC declared the September 4, 2008 government order unconstitutional for denying power tariff subsidies to farmers based on collective consumption exceeding the horsepower limit.
The HC also directed the HESCOM to review, reconsider, and amend the existing policy governing agricultural power subsidies.
The HC directed that the authorities must frame and notify appropriate guidelines within a reasonable period (preferably within six months) to extend power tariff subsidies to registered farmers, which aligns with the principles of equality, promotes cooperative farming, and advances the broader goals of sustainable agricultural development.
Justice Sachin Shankar Magadum passed the order while partly allowing the petition filed by Neeru Balakedaarara Sanghas’ from Parthanahalli and Madabhavi in Athani of Belagavi, who have constructed a lift irrigation project on the Krishna river for the benefit of 200 acres of land and 103 acres of land in both the villages of the taluk.
“The denial of power subsidy to registered farmers, solely on the ground that their collective consumption exceeds a prescribed limit, is hereby declared unconstitutional and arbitrary. This practice is discriminatory and fails to align with the core objectives of agricultural subsidies, which are intended to support small and marginal farmers, promote equitable access to resources, and encourage sustainable farming practices.
The practice of differentiating between individual farmers and societies, based purely on collective consumption, is found to be inconsistent with the constitutional mandate of equality before the law under Article 14 of the Constitution of India. It is based on an irrational classification that arbitrarily penalises farmers for forming societies aimed at improving efficiency,” the court said.
The court further said that the authorities concerned should review and amend the current policy to extend power subsidies to registered farmer societies, with criteria based on per capita consumption, landholding, or aggregate power consumption per member, rather than penalising the society as a whole for exceeding a prescribed power consumption limit.
The authorities should also ensure that the objectives of agricultural subsidies, including supporting marginal farmers, promoting cooperative farming, and ensuring equitable access to resources, are upheld, and that no policy or regulation is allowed to inadvertently discourage collective action or undermine potential benefits of cooperative farming, court said.