R Subhash Reddy, Ashok bhushan, MR shah
R Subhash Reddy, Ashok bhushan, MR shah
Litigation News

Andhra Pradesh three-capital plan: SC refuses to interfere with interim order, asks AP HC to expeditiously decide challenge to plan

The Court was told today that the main case challenging the government order on the three-capital plan is pending before a Full Bench of the Andhra Pradesh High Court.

Shruti Mahajan

The Supreme Court today declined to interfere with the Andhra Pradesh High Court's interim order to maintain status quo on the three-capital plan of the state government.

The Bench of Justices Ashok Bhushan, R Subhash Reddy, and MR Shah was hearing a special leave petition filed by the State of Andhra Pradesh challenging the interim order.

The matter was listed before the Bench of Justice Bhushan today after Chief Justice of India SA Bobde and Justice Rohinton Nariman had recused from hearing the case.

The Court was told today that the main case challenging the government order on the three-capital plan is pending before a Full Bench of the Andhra Pradesh High Court. The hearing is scheduled to begin on a day-to-day basis from tomorrow.

In this light, the Court expressed its disinclination to entertain the matter, despite Senior Counsel Rakesh Dwivedi, representing the State, urging the Court to consider the issues faced by the State in light of the interim order.

Dwivedi argued that the preparation for the capitals has been paralysed and it has been unheard of for the judiciary to decide on matters regarding where the state capital must be seated.

However, the Court observed that the issue needs an early decision and refused to interfere with the High Court's interim order. The Court observed in its order:

"Looking into the nature of the issues raised, we also observe that the matter needs early decision by the High Court."

The Andhra Pradesh High Court had recently passed an order staying the state government's move to trifurcate the state's capitals at Kurnool, Visakhapatnam and Amaravati. This order was passed in a plea moved by a group of farmers.

These farmers had earlier volunteered to give up their land as part of a land pooling scheme started by the previous regime towards consolidating land for a single capital at Amaravati.

The state government's move to set up Kurnool as the Judicial capital, Visakhapatnam as the Executive capital, and Amaravati as the Legislative capital, had received the Governor's assent on July 31.

Read Order:

AP vs RAJADHANI RYTU PARIRAKSHANA SAMITHI & ORS. - 26.08.2020.pdf
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