In a major blow to the Jaganmohan Reddy government's plan of constituting three capitals, the Andhra Pradesh High Court has ordered the continuation of construction and development works in the Amaravati capital city and capital region.
The three-member division bench headed by chief justice P K Mishra declared that the Andhra Pradesh state legislature “has no legislative competence to enact any law for shifting the three organs of the state.”
Delivering its verdict on a bunch of petitions filed by farmers and others opposing the capital shift, the court directed the government and the AP Capital Region Development Authority to construct and develop Amaravati capital city and capital region within six months time, as agreed in the earlier terms and conditions.
In 2015, during the Chandrababu Naidu government, Amaravati farmers had parted with their farm lands for the mega capital city. They were promised developed plots in return, among other benefits. But after coming to power in 2019, Reddy stopped the work on Amaravati and brought in a law allowing a three capital set up.
“Change of government is not a ground to change the policy. The present government is under statutory legal obligation to complete the projects undertaken by the earlier government, unless they are contrary to any statutory or constitutional provisions,” the court observed in its 307 page order on Thursday.
The court directed the development of reconstituted plots with approach roads, drinking water, electricity connection to each plot, drainage etc “fit for habitation in the Amaravati Capital city” and handover of the plots to the land holders who surrendered their land as promised by the State “within three months.”
Stating that the government violated the fundamental rights of the petitioners “as they surrendered their only source of livelihood i.e. agriculture under the Land Pooling Scheme,” the court ordered payment of Rs 50,000 to them.
The government was also asked to file affidavits on the progress made in its directions.
Amaravati region villagers, who have been agitating since December 2019 against Reddy's plans, celebrated the verdict with sweets.
Because of the court cases, the Reddy government could not go ahead with its executive seat relocation to Visakhapatnam. In November, the YSRCP government withdrew its contentious three capital legislation, a move seen as in anticipation of an adverse court verdict.
In his statement in the Assembly during the repeal of acts, Reddy stated that the “back-down was only to bring in more comprehensive, infallible bills as the present decentralization legislations are challenged legally and otherwise.”
Former CM and Opposition leader Naidu termed the verdict as “the victory of five crore people of Andhra Pradesh.”
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