Andhra Pradesh High Court to hear HC, capital shifting pleas separately

State, Centre told to file counters in petitions on 3-capital plan.
Andhra Pradesh High Court to hear HC, capital shifting pleas separately

VIJAYAWADA:  The Andhra Pradesh High Court on Wednesday directed the State and Central governments to file their counters in various petitions filed against the proposal of the government to relocate the High Court to Kurnool, the government’s three-capital plan and pleas challenging the reports of the GN Rao committee, Boston Consulting Group and the High-Powered Committee. The court said it will hear the petitions related to relocation of High Court and capital development issues and the petitions challenging various committees constituted by the government separately.

The three-member bench of Chief Justice JK Maheshwari, Justice AV Sesha Sai and Justice Mallavolu Satyanarayana Murthy, heard the arguments on the petitions filed against capital relocation and related aspects. Arguing on behalf of one of the petitioners, senior counsel Devadat Kamat urged the court to give instructions to the government to commence the works in Amaravati that were stalled by the government. The counsel also contended that the issue of relocation of the High Court from Amaravati to Kurnool does not fall under the jurisdiction of the State government. The counsel said that the High Court relocation falls under the Schedule VII of the Constitution and it comes under the purview of the Centre.

The counsel also maintained that the government had earlier filed an affidavit in the Supreme Court that it will construct a permanent HC building in Amavarati. There cannot be a change of stand once the government changes, the counsel said. When the counsels of some other petitioners started to put their arguments, the bench asked them to refrain from making political remarks and confine to legal aspects of the case.

Supreme Court senior counsel Ashok Bhan said that the High Powered Committee constituted by the government had submitted its report without taking into consideration the opinion of the farmers who gave their lands for the capital. This is against the principles of natural justice, he said.

At this juncture, the bench felt the need to separate the petitions based on the issues and asked the registry to separate them. The petitions related to relocation of capital, Bill to scrap CRDA will not be heard separately. The case related to these petitions was adjourned to March 17 and the State and Centre were asked to file their counter-affidavits. Petitions related to the GN Rao Committee, BCG and High Powered Committee would be taken up separately and the hearing was adjourned to March 30 for the State and Centre to file their counters.

Pleas against land allocation 
Petitions were filed challenging the GO issued on Tuesday to hand over 1,251 acres of land in CRDA limits for housing for poor scheme. The counsel of the petitioners completed their arguments. Advocate General S Sriram will continue the arguments on ThursdayPK raises objectionJana Sena chief Pawan Kalyan took exception to government issuing orders earmarking the land in  Amaravati for housing purpose. In a statement issued on Wednesday, he said that no one will have an objection in allocating house-sites to the poor. “If the government has real commitment, it should give dispute-free lands,” he said. 

Petitioners’ arguments 
The issue of HC relocation falls under the jurisdiction of Centre, not State  State earlier filed an affidavit in SC that it will construct a permanent HC building in Amavarati High Power Committee submitted its report without taking into consideration the opinion of the farmers who gave their lands for the capital. This is against the principles of natural justice

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