The Andhra Pradesh High Court on March 3 ordered the YS Jagan Mohan Reddy government to develop Amaravati as the capital city as per the master plan and not to use the 33,000 odd acres of land pooled from the farmers by the erstwhile Chandrababu Naidu government for any purpose other than building the capital city.
In a setback to the YSR Congress government, which was keen to dump the Greenfield capital city project at Amaravati and have three capital cities for Andhra, the High Court also directed the Reddy government to “construct and develop Amaravati capital city and capital region within six months time, as agreed in the terms and conditions of development agreement-cum-irrevocable general power of attorney.”.
The division bench of the High Court comprising chief justice Prashant Kumar Mishra, justices M Satyanarayana Murthy and DVSS Somayajulu has ordered the government to hand over the developed reconstituted plots in three months to the farmers who had parted their lands for building the capital city at Amaravati.
The Court on March 3 ordered the Reddy government to develop infrastructure in the land pooled from the farmers at Amaravati with basic amenities like roads, drinking water, drainage, electricity in terms of the provisions of the Capital Region Development Authority (CRDA) Act pertaining to land pooling.
The High Court was hearing a bunch of petitions filed by the farmers, who contested the decision of the Reddy government to develop three capital cities instead of unified Greenfield capital city for which they had parted their lands. They also challenged the move of the state government to alienate/mortgage the pooled land for purposes other than building the capital city.
Pointing out to the irrevocable guarantees that the government promised while entering into a development agreement with the farmers of Amaravati under the CRDA Act, the Court said the current government has no right to use the pooled land for purposes other than building a capital city at Amaravati.
The farmers had also contested the decision of the Reddy government to shift the government offices away from Amaravati and challenged the two bills passed by the Reddy government – AP Decentralisation and Inclusive Development of All Regions Bill and the AP CRDA Repeal Bill.
Months after coming to power in Andhra in May 2019, the YS Jagan Mohan Reddy government had decided to scrap the unified Greenfield capital city project that was already halfway built and instead develop three capitals – executive capital at Visakhapatnam and judicial capital at Kurnool, while retaining administrative capital at Amaravati.
Farmers of the Amaravati region who had parted their lands for the capital city construction have been protesting for more than two years against the Reddy government’s decision on trifurcation of capitals and shifting away the government offices from the Amaravati region.
The High Court had earlier ordered a status quo while responding to hundreds of petitions filed by the farmers, who contested the government's three capitals plan claiming that it would adversely affect their rights, having parted their fertile agricultural lands for the capital city construction and waiting for allotment of developed plots for years.
The High Court had in August 2000 ordered the Reddy government not to alienate the lands pooled by the farmers till further orders.
On March 3, the High Court ordered the Reddy government “not to alienate/mortgage or create any third party interest on the land pooled, except for the construction of capital city or development of capital region.”
Hundreds of Amaravati region farmers bowed down before the High Court on March 3 evening thanking the court for the order upholding their rights and interests and for directing the state government to discharge its duties and obligations as agreed under the land pooling rules.
While the Opposition Telugu Desam Party, BJP, Congress, CPI and Jana Sena Party have welcomed the court’s decision and termed it as a setback to the Reddy government, the YSR Congress lawmakers and ministers have hinted at moving the Supreme Court to challenge the high court’s order.
“The Assembly and Parliament are meant to enact laws through the powers conferred under the Constitution and our party is committed to achieving social development through three capital cities,” said Andhra municipal administration minister Botsa Satyanarayana.
Even while the petitions of farmers were pending before the High Court for adjudication, the Reddy government had a few weeks back announced withdrawing the two legislations on decentralisation of capital cities and repealing the CRDA Act. The ruling party lawmakers and ministers have since been claiming that the Reddy government would come up with new legislation on the capital cities soon.
Telugu Desam Party National President N Chandrababu Naidu on March 3 demanded the state government to desist from its three capitals plan in the wake of the High Court’s order and announce and develop Amaravati as the unified capital city.
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