The High Court of Andhra Pradesh has directed the Government of Andhra Pradesh and the Capital Region Development Authority to discharge their duties enshrined under APCRDA Act and Land Pooling Rules.
A three-judge Bench headed by Chief Justice Prasanth Kumar Mishra and consisting of Justices M. Satyanarayana Murthy and DVSS Somayajulu on Thursday gave the final judgment after hearings in a case relating to a bunch of writ petitions filed by land owners of Amaravati to declare that the State government has no legislative competence to change the capital of the State or to strip Amaravati from being capital of three civic wings of the State, including legislature, executive and judiciary. The counsel for petitioners contended that the state has failed to deliver on its promise to return the developed plots as per the final master plan within a period of three years from the date of final LPSl and even after the deadline expired on January 20.
The Bench also directed the State Government and the CRDA not to alienate or mortgage or create any third party interest on the land pooled, except for the construction of capital city or development of capital region. The HC also directed the State government to complete the process of development and infrastructure in the Amaravati capital region, including providing basic amenities like roads, drinking water and electricity within one month. The State and CRDA are also directed to complete the Town Planning Scheme as per section 61 of APCRDA Act. The State was also directed to pay costs of ₹50,000 to each of the petitioners for having forced the filing of the writ petitions to perform their statutory obligations.
The judgment comes in the wake of the State government withdrawing the two acts- The AP Capital Region Development Authority Repeal Act, 2020 and the AP Decentralisation and Inclusive Development of All Regions Act, 2020. In December 2019, the AP Government introduced the two bills in the Assembly, and passed them without much opposition but the bills were stalled in the Legislative Council after the then chairperson referred them to a special committee. Meanwhile, land owners in the Amaravati region filed a bunch of petitions challenging the State government.
However, the High Court continued the hearing after some petitioners contended that there are still some issues relating to CRDA act, including transfer of developed returnable plots to land owners who have given away their farm lands, development or basic infrastructure and mortgaging of lands in banks.
