VIJAYAWADA: The Andhra Pradesh High Court on Thursday found fault with the State government and APCRDA for not following the CRDA Act itself while cancelling the plots given to the farmers in Amaravati in lieu of lands they gave for the construction of capital city under the land pooling scheme, and providing plots at an alternative location. The High Court bench of Justice G Narendra and Justice N Vijaya stated that not issuing notices and taking their objections into consideration before cancelling the plots allotted to them is against the principles of natural justice. “Officials have failed in following the laws and rules in this regard. Their action could lead to civil disputes,” it pointed out.
The court felt that before cancelling the allotted plots, the beneficiaries should have been issued notices, and taking their objections into consideration, orders on the cancellation of plots should have been issued in writing. Taking it all into consideration, the court cancelled the proceedings of the APCRDA and the notices issued to the farmers with regard to cancellation of allotted plots to the farmers and showing them alternative plots.
However, the court said its orders will not be a hinderance to carry out the procedure in accordance with rules and regulations abiding the principles of natural justice to allot alternative plots to the farmers.
The court said one week after receiving the court order, notices should be issued to plot owners explaining why the plots allotted to them are being cancelled and under what rule. Following it for the next three weeks, objections from the plot owners should be received. Further two more weeks time should be given to let farmers make objections if any. After considering their objections, notices in writing should be issued.
The court also allowed the petitioners to request files from APCRDA in this regard. Kondepati Karuna and other farmers filed a petition in the court challenging the unilateral decision to cancel the plots allotted to them and propose alternative sites. Hearing their petition, the single judge bench issued interim stay on cancellation of the allotted plots. APCRDA and the State government went for an appeal against the single judge bench verdict