NE LEGAL BUREAU
AMARAVATI, AUG 14
The Andhra Pradesh High Court on Friday extended till August 27 the status quo on the two new laws that enable the establishment of three new capitals for the state.
A division bench of the High Court, comprising Chief Justice J K Maheshwari and justices A V Sesha Sai and M Satyanarayana Murthy, which further heard a batch of interlocutory applications filed by the Rajadhani Rythu Parirakshana Samiti and others, extended the status quo and posted the case to August 27 for the next hearing.
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The state government has filed a petition in the Supreme Court seeking that the status quo order of the High Court be lifted.
The matter is expected to come up for hearing in the Apex Court on Monday.
The state government filed a counter-affidavit to the petitions in the High Court saying, “Each of the reports leading to legislations in Acts No.27 and 28 of 2020 answer the rationality test of judicial review and the various inputs taken by the committee and its findings are cogent, bona fide and rational.”
It added that the report submitted by the expert committee was on the basis of exhaustive study, undertaken by noticing all relevant factors, cannot be contended to be irrelevant for the purpose of Act No.27 and Act No.28.
“The entire decision making process of the state, leading to Acts No.27 and 28, is based on the material available on record, the reports furnished by the experts in the field and recommendations by the High Power Committee, which ex-facie evidence their objectivity and neutrality in this regard.
All the other contentions to the contrary are clearly without any substance,” the government contended in the counter-affidavit. It sought dismissal of the pleas as they lacked merit.
Senior advocates Rakesh Dwivedi and Shyam Divan argued on behalf of the state government and the petitioners respectively.
On July 31 the state government notified the AP Decentralisation and Inclusive Development of All Regions Act, 2020,and the AP Capital Region Development Authority (Repeal) Act, 2020, immediately after Governor Biswabhusan Harichandan gave his assent to the two laws.
The petitioners, who have already filed a batch of petitions opposing the three capitals move, prayed that the court issue an appropriate order declaring that the state has no legislative competence to change the capital or to denude Amaravati from being the seat of the three civic wings, including the legislature, the executive and the judiciary.
They also wanted the AP Capital Region Development (Repeal) Act (Act No.27) and the AP Decentralisation and Inclusive Development of All Regions Act (Act No.28) of 2020 declared “ultra vires” to the Constitution of India.
While rebutting the petitioners claims, the state government requested that the status quo order already granted be lifted forthwith.
The division bench, however, did not concede the states request and extended the stay till August 27 and posted the matter for further hearing on the day.
