GODAVARI POLYMERS PVT LIMITED SECUNDERABAD Vs. AGRICULTURAL PRODUCTION COMMISSIONER GOVERNMENT OF A P HYDERABAD

JUDGEMENT

(1.) The Government of Andhra Pradesh (GoAP), so as to increase irrigation efficiency with available water has mooted A.P. Micro Irrigation Project (APMIP). The project envisages to bring a huge extent of agricultural land under micro irrigation. So as to encourage the farmers to shift from surface method of irrigation to micro irrigation, GoAP took a policy decision to give fifty percent subsidy to farmers who invest in micro irrigation equipment by taking a bank loan arranged by the Department of Horticulture. Identification of the land to be brought under particular technology of micro irrigation and modus operandi were worked out. As a first step, the Government identified seven manufacturers and suppliers willing to supply micro irrigation system (MIS) with performance guarantee and agronomic extension service to the farmers. The petitioners also expressed interest to participate in APMIP. The petitioners were not included in the panel of shortlisted manufacturers. Inclusion of seven companies/concerns is not challenged, but non-inclusion in the list of participants is made the issue in these proceedings. As the background facts and submissions to assail the decision of GoAP are same, it is expedient to dispose of the writ petitions by a common order. INTRODUCTION TASK FORCE ON MICRO IRRIGATION SYSTEM

(2.) After instituting green revolution by Integrated Seed Water Irrigation Fertilizer Technology, irrigation percentage in India increased from less than 20% in 1950-51 to about 40% in 2002 bringing 82 million hectares under irrigation. The irrigated area, however, deteriorated due to exhaustion of irrigable area and depletion of water sources. It is estimated that by 2025, due to increased demand of water by different sectors, the share of water for agriculture is expected to get reduced from 84% to 69% though demand for water for agricultural purposes is likely to increase by two-fold. At present, canal irrigation and tube-well irrigation are predominant irrigation systems. This has led to indiscriminate use of water and lack of appropriate technology and technology transfer mechanism resulting in agro ecological and sustainability problems. The receding water table along with underground water pollution posed problems in tube-well irrigation areas. The water use efficiency in India is lowest in the world. It appears that water use efficiency in Indian agriculture is about 30% to 40% whereas it is 55% in China. Development of water resources and the management of developed water sources are constant problems in managing agriculture.

(3.) In comparison to canal/tube-well irrigation system, icro irrigation allows the application of water to the root zone of the crops through specially designed equipment known as emitters. This technology is said to be more efficient method of irrigation and was introduced in India on a commercial scale during Eighth Five Year Plan. During the last ten years, 0.5 million hectares was brought under micro irrigation. Surveys revealed that an extent of 69 million hectares would be covered through improved technology of micro irrigation system (MIS) so that inefficient water use in agriculture would be curbed and water is reserved substantially to meet the future needs and aspirations of the people. There is a paradigm shift in the policy. In February 2003, Government of India (GOI) decided to go into various aspects of water management in irrigation by constituting a task force headed by Chief Minister of Andhra Pradesh to recommend measures needed to expand the coverage by micro irrigation. This task force on micro irrigation (TFM) visited various States in India as well as Israil which made progress in micro irrigation. The TFM felt that micro irrigation system should be addressed to poverty alleviation by increase in income, to bring vast rain-fed areas in irrigated areas to greater productivity and stability and by creation of additional employment opportunities through involvement of private sector. It also felt that MIS is also addressed to horticulture-led diversification of agriculture, enhanced productivity through increase in the yield resulting in greater competitiveness in the world market by adopting the motto 'more crop per drop'. Environmental protection and ecological security and promotion of equity be considered while reviewing MIS in a holistic manner.