IN THE HIGH COURT OF JUDICATURE AT AMARAVATI

FOR THE STATE OF ANDHRA PRADESH

(Rule 4(e) of The High Court of Judicature at Amaravati

for the State of Andhra Pradesh Public Interest
Litigation Rules, 2015

Writ petition. (PIL) NO. OF 2020

BETWEEN:

Tenali Sravan Kumar, S/o Johnness Tenali, R/o 9-9-29,

Prathapagirivari Street, Guntur, Guntur District, State of Andhra
Pradesh, 522268,

Unique Id No:650139111668.

...Petitioner

AND

1. The State of Andhra Pradesh, through its principal

secretary,Municipal Administration & Urban Development
Department,Secretariat Building at Velagapudi, Guntur
District, Amaravati.

2. The State of Andhra Pradesh, through its principal secretary,

Law Department, Secretariat Building at Velagapudi, Guntur
District, Amaravati.

3. The State of Andhra Pradesh, through its principal secretary,

Planning Department, Secretariat Building at Velagapudi,
Guntur District, Amaravati.

4. The Union of India,

through its principal secretary,
Home Affairs Department,Jai Singh Marg,
Hanuman Road Area,Connaught Place, New Delhi,110001.

5. The A.P Capital Region Development Authority,

rep. by its commissioner,
Thullur, Guntur District, Amaravati.
 6. The Chairman,
Andhra Pradesh Capital Region Development Authority.

7. The Amaravati metropolitan Region Development Authority,

Rep by its commissioner, Thullur, Guntur District, Amaravati.

8. High Power committee, Rep by Chief Secretary,

A.P Secretariat Office, Velagapudi, Amaravati.

…Respondents

AFFIDAVIT

1. PARTICULARS OF THE CAUSE/ORDER AGAINST WHICH THE

PETITION IS MADE:

(i) Subject Matter in Brief:

The present Writ Petition, by way of Public

Interest Litigation is being filed under Article 226 of the Constitution

of India by the above named Petitioner with the public spiritedness

and in the interest of the society at large, the present writ petition is

filed challenging the Andhra Pradesh Decentralization and Inclusive

Development of All Regions Act, 2020 more particularly chapter III

in trifurcation of the capital and shifting the same from Amaravati

without any legislative competence, the impugned legislation will

destroy the lives of the thousands of poor and marginal farmers who

have sacrificed the lands for the legally established capital city

Amaravati.
2. PARTICULARS OF THE PETITIONERS: -

The petitioner herein is the former MLA of Tadikonda

constituency. The petitioner was Group I officer who has resigned

and has taken up social services in the interest of the society for

the upliftment of the downtrodden, the petitioner being the MLA of

the constituency has taken active role in convincing the farmers

to take part in the capital city project and to support the state

government to build world class green field capital city in the

interest and welfare of the state and, It owes my primary

responsibility in the interest of the, farmers who have surrendered

their land under the land pooling scheme for development of the

world class green field self financing capital city, and in the

interest of the State and the future generation to bring the manner

in which, the interest of the state and the lives of thousands

innocent farmers who have surrendered the Agricultural Land for

the Capital city are being compromised for the extraneous political

agendas .

3. LOCUS STANDI:

I submit that I have sufficient Locus Standi to file the present

petition in the form of public interest litigation as the Andhra

Pradesh Decentralization and Inclusive Development of All Regions

Act, 2020 more particularly chapter III in trifurcation of the capital

and shifting the same from Amaravati without any legislative

competence, the impugned legislation will destroy the lives of the

 thousands of poor and marginal farmers who have sacrificed the

lands for the legally established capital city Amaravati.

The government of Andhra Pradesh and the capital region

development authority has acquired 33,000 Acres belonging to the

29,754 farmers in an innovative method of Land pooling, whereby

the land owners have become partners in the prospect of the

Capital city. Most of the farmers who have surrendered lands

under the land pooling scheme are poor and marginal farmers,

most of them holding 1-2 Acres of Land and are mostly illiterate, It

owes my primary responsibility to bring it to the knowledge of this

Hon’ble court the manner in which the interests and lives of the

farmers are being annihilated, being one amongst them.

4. DECLARATION AND UNDERSTANDING OF THE PETITIONERS:

I, Tenali Sravan Kumar, S/o Johnness Tenali, R/o 9-9-29,

Prathapagirivari Street, Guntur, Guntur District, State of Andhra

Pradesh, 522268, do hereby declare that the present petition is

filed by way of public interest litigation and I do not have any

personal interest in the subject matter of the litigation.

4.1 That the Present Writ Petition is being filed by way of Public

Interest Litigation and the Petitioners do not have any

personal interest in the matter. This petition is being filed in

the larger interest of public for the benefit and protection of

the rights of the thousands of farmers who have surrendered

 land under Land Pooling and not at the instance of any

person or organization other than the petitioners herein.

4.2 The entire litigation cost including the filing expenditure and

other charges are being borne by the petitioner. The photo

copy of the PAN card. is fi1ed along with material papers.

4.3 I humbly submit that a thorough research has been

conducted in the matter raised through this Petition and all

the relevant documents pertinent to the subject are annexed

with this Petition.

4.4 I humbly submit that to the best of my knowledge and

research, the issue raised was not dealt with or decided and

that a similar or identical petition was not earlier filed by me.

4.5 I humbly submit that the Petitioners herein understand that

in the course of hearing of this petition, the Hon’ble Court

may require any security to be furnished towards costs or

any other charges and the Petitioners shall comply with such

requirements.

5. FACTS IN BRIEF:

5.1 I respectfully submit that the genesis of the present writ petition

shouldn't be seen independently, rather it has to be seen in the

context and the vision with which the Capital city Amaravati for

the state of Andhra Pradesh has been established in accordance to

The Andhra Pradesh Re-organisation Act, 2014 and the actions,

 attitude and the intentions of the people in power to discontinue

the development in the capital city established following due

process of law and to scale down the development in the capital

city, unilaterally without the consent of the stake holders who have

surrendered to construct the capital for the state of Andhra

Pradesh, with a malified intention to shift the capital from

Amaravati under the guise of shifting the Capital functions from

Amaravati to Visakhapatnam and Kurnool in the name of

decentralization of development.

5.2 I respectfully submit that the genesis of the issue arose after the

bifurcation of the state of Andhra Pradesh and Telangana from the

erstwhile state of Andhra Pradesh, vide section 3, 4 of the Andhra

Pradesh Re-organization Act, 2014 promulgated by the parliament

with ¾ Majority w.e.f. 02.06.2014 (hereafter referred as Re-

organization Act, 2014)(the gazette notification is annexed as P-4).

Accordingly, Section 5 (2) of the Re-organization Act, 2014 has

recognized the erstwhile capital city Hyderabad as the Capital city

for the state of Telangana and the state of Andhra Pradesh is left

with no capital. However, the state of Andhra Pradesh is

empowered to have a new capital city in accordance to Section 5 (2)

of the Re-organisation Act, 2014.

5.3 I further respectfully submit that, the ANDHRA PRADESH

REORGANISATION ACT, 2014 has indubitably asserted that there

shall be a new capital for the state of Andhra Pradesh vide Section

5(2)
 ” After expiry of the period referred to in sub-section (1), Hyderabad

shall be the capital of the State of Telangana and there shall be a

new capital for the State of Andhra Pradesh.”

And is under an obligation to appoint an expert committee to study

various alternative and to make recommendations to the state

government for establishment of a capital vide Section 6 of the

reorganization Act, 2014.

5.4 I further respectfully submit that, the central government has

constituted an expert committee under the chairmanship of

Sri K.C Sivarama Krishnan on 28.03.2014 to study various

alternatives regarding the location of the new Capital City for

the Successor State of Andhra Pradesh and to make specific

recommendations within 6 months from the date of Re-

Organisation Act i.e 31.08.2014(the letter of appointment is

annexed at P-4A) as the central government is under a

compelling responsibility to assist the successor state of

Andhra Pradesh in identifying the new capital city and to

assist financially for establishing the capital city, in

accordance to Clause 3(d) of the Statement of Objective

of the Reorganisation Act, 2014. The Committee submitted

its report on 28.7.2014 and gave various alternatives and

guidelines for establishment of Capital for the state of

Andhra Pradesh, the Central Government in the terms of

reference issued some guidelines for identifying the new

capital city for the state of Andhra Pradesh.

5.5 I further respectfully submit that the Sri K.C Sivarama

Krishnanan committee has prepared a District &

Capital zone suitability index using five screening

criterias to examine the potential of various

districts/urban areas as capital zones for Andhra

Pradesh: water, risk, connectivity, land availability, and

regional development. A District Suitability index has

been computed for each of these five factors

5.6 I further respectfully submit that, the committee constituted

under the Chairmanship of Shri.K.C.Sivarama

Krishnan has invited opinion from the general public

and the summary of the polls is as follows

Location Total votes

Vijayawada and Guntur 1156

area

Vijayawada 663

Guntur 372

Visakhapatnam 507

Kurnool 360

Ongole 265

Rajahmundry 139

Tirupati 113

Donakonda (Prakasam 116

District)

Others 1037

Total votes 4728

5.7 I further respectfully submit that, at this juncture the state

government of Andhra Pradesh has constituted several

expert committees and has undertook a survey in

 according to the indexing criterion of the central

government basing on the Risk mitigation factors,

connectivity, water availability, Land availability,

Development and has awarded marks in accordance to

the central government norms and the same was read

out by the then chief minister for the State of Andhra

Pradesh in the Andhra Pradesh state assembly and the

respective scores that were awarded were as

follows(annexed at P-9):

Area Score’s awarded in accordance to

the criteria

Vijayawada- Guntur 7.23

Greater Visakapattanam 4.67

Nellore 3.95

Kakinada 2.95

Ongole 0.16

Elluru -0.13

Turupathi -1.27

Kadapa -1.55

Vijayanagaram -1.67

Kurnool -2.97

Srikakulam -4.15

Anantapur -4.37

5.8 I further respectfully submit that, the Andhra Pradesh state

legislative Assembly has unanimously approved the decision of the

council of ministers to locate the capital city at a central place

around Vijayawada for the integrated and equitable development of

 the state and has consequently requested the Government of India

to provide resource required for the establishment of world class

capital city for the state of Andhra Pradesh vide Andhra Pradesh

State Assembly resolution Dated:04.09.2014( herein annexed at P-8)

and in the same assembly the present chief minister the then leader

of opposition for the state of Andhra Pradesh has advised the

government to establish capital near Vijayawada in not less than

30,000 Acres, accordingly lands were acquired and master plan was

made.

5.9 I further respectfully submit that, AN ACT TO PROVIDE FOR THE

DECLARATION OF THE NEW CAPITAL AREA FOR STATE OF THE

ANDHRA PRADESH AND ESTABLISHMENT OF THE ANDHRA

PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY FOR THE

PURPOSES OF PLANNING, COORDINATION, EXECUTION,

SUPERVISION, FINANCING, FUNDING AND FOR PROMOTING AND

SECURING THE PLANNED DEVELOP-MENT OF THE CAPITAL

REGION DEVELOPMENT AREA, UNDERTAKING THE

CONSTRUCTION OF THE NEW CAPITAL REGION DEVELOPMENT

AREA , UNDERTAKING THE CONSTRUCTION OF THE NEW

CAPITAL FOR THE STATE OF ANDHRA PRADESH AND FOR

MANAGING AND SUPERVISING URBAN SERVICES IN THE NEW

CAPITAL AREA AND FOR MATTERS ANCILLARY THERETO: The

Andhra Pradesh Capital Region Development Authority Act, 2014

(hereafter referred to as CRDA, Act,2014) has been tabled in the

Andhra Pradesh State Assembly to establish capital for the State of

Andhra Pradesh under section 5(2) of the Andhra Pradesh

 Reorganization Act, 2014 on 22.12.2014 and has come into force

w.e.f 30.12.2014(herein annexed as P-6).

5.10 I further respectfully submit that, The Government in exercise of

powers conferred under sub section 3 of section 3 of the Andhra

Pradesh Capital Region Development Authority Act, 2014 has

notified an extent of 122 Sq. kms as Andhra Pradesh Capital City

area which is meant to development of the state capital under the

provision of the Andhra Pradesh Capital Region Development

Authority Act, 2014 vide G.O.Ms.No. 254 dated: 30.12.2014

(annexed at P-10) and thereafter the government of Andhra Pradesh

has rectified the extent as 217 Sq. kms vide G.O.Ms.No. 141, date:

09.06.2015 (annexed at P-11).

5.11 I further respectfully submit that, the government of Andhra

Pradesh under the prerogative conferred under the sub section 3 of

section 3 of the Andhra Pradesh Capital Region Development

Authority Act, 2014 R/w Section 5 (2) of the Andhra Pradesh

Reorganization Act, 2014, in accordance to the resolution passed in

the Andhra Pradesh state Assembly dated 04.09.2014 and after

holding detailed consultations with the experts of Urban

Development, various public organizations and after considering the

various aspects of public welfare has decided to establish a green

field capital city as a liveable, environmentally sustainable, self

financing people’s capital and notified an extent of 217 Sq. kms as

the capital for the state of Andhra Pradesh and has taken up

construction with the assistance of the funds granted by the union

of India.
5.12 I further respectfully submit that, the state government of

Andhra Pradesh after due consideration of the history of

Telugu people and aspiration of the Telugu people, as the

name “Amaravati” depicts the kingdom of Lord Indra and

the place Amaravati in Guntur district is the is one of the

five pancharama temples dedicated to lord Shiva.

Amaravati has its own importance in Buddhism, the

government of Andhra Pradesh after considering all the

historical and emotional factors named capital city

comprising of 217 Sq.Kms as “Amaravati” vide G.O.Ms.No.

97 MA & UD (M2) Department dated 23.04.2015(annexed at

P-12).

5.13 I further respectfully submit that, the government of Andhra

Pradesh in accordance to the provisions contained under sub

section 1 of Section 4 of Andhra Pradesh Capital Region

Development Authority Act, 2014 has constituted Capital Region

Development Authority (hereafter referred to as authority) vide

G.O.Ms.No.255, MA & UD Department, Dated : 30.12.2014

(annexed at P-14).

5.14 I further respectfully submit that, the government of Andhra

Pradesh has constituted a Committee with Group of Ministers to

work out modalities on Land Pooling Scheme vide G.O.Rt.No.3234

GA(Cabinet) Department, dated: 24.09.2014(annexed at P-13) and

the committee so constituted after several meetings has

 recommended the government to take up land pooling scheme for

acquiring the land from the land owners.

5.15 I further respectfully submit that, the government of Andhra

Pradesh in exercise of the powers conferred under sub section 5 of

Section 43 of Andhra Pradesh Capital Region Development

Authority Act, 2014 has direct the Andhra Pradesh Capital Region

Development Authority to undertake development scheme as

provided in chapter IX of Andhra Pradesh Capital Region

Development Authority Act, 2014 through voluntary Land

Pooling Scheme in the capital city area vide G.O.Ms.No.257,

MA & UD (M2) Department, dated: 30.12.2014 (annexed at P-15).

5.16 I further respectfully submit that, The Government of Andhra

Pradesh has decided to establish a green field capital city as a

liveable, environmentally sustainable self financing people’s

capital. For this purpose, the location of the capital was identified

between Vijayawada and Guntur cities on the bank of the river

Krishna and with an intention to go for decentralized development

of the state with 3 Mega cities and 14 smart cities the government

has proposed to go for Land Pooling Scheme rather than land

Acquisition as it would be a burden on the state exchequer to

acquire such huge extent of Land and the government of Andhra

Pradesh has constituted a cabinet sub-committee to workout

modalities and according to the recommendations of the sub-

committee the state government of Andhra Pradesh has notified

‘Andhra Pradesh Capital City Land Pooling Scheme (Formulation

 and Implementation) Rules 2015’ ( hereafter referred to as CRDA

Rules) vide G.O.Ms.No.1, MA & UD (M2) Department, dated:

01.01.2015(annexed at P-16).

5.17 I further respectfully submit that, the Government of Andhra

Pradesh has notified an extent of 217 Sq. Km as the capital city

for the state of Andhra Pradesh in exercise of powers conferred

under the sub section 3 of section 3 of the Andhra Pradesh

Capital Region Development Authority Act, 2014 R/w Section 5 (2)

of the Andhra Pradesh Reorganization Act, 2014, as the state

government did not have sufficient means to acquire an extent of

more than 30,000 Acres of lands under the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013, the government of Andhra Pradesh has

evolved the modus operandi of Land Pooling Scheme by which the

farmers have become partners to the development of the capital.

5.18 I further respectfully submit that, Section 52 of the CRDA

ACT,2014 defines the Land Pooling Scheme as “The land pooling

scheme is intended for land owners volunteering to

surrender their land against a guaranteed return of a

developed and reconstituted plot/land”. In the present case the

government of Andhra Pradesh has required lands for the

construction of the world class green field capital city for the state

of Andhra Pradesh notified in accordance to sub section 3 of

section 3 of the Andhra Pradesh Capital Region Development

Authority Act, 2014 R/w Section 5 (2) of the Andhra Pradesh

Reorganization Act, 2014, and the farmers who have surrendered

 land under the Land Pooling Scheme has substantial interest

about the prospect of the capital.

5.19 I further respectfully submit that, the objective of the ‘Andhra

Pradesh Capital City Land Pooling Scheme (Formulation and

Implementation) Rules 2015’ as envisaged in the rules 1 of the

CRDA rules is

“Introduction. In keeping with the will of the Government to

build ‘people’s capital’, land procurement mechanism has been

designed to be voluntary and based on consensual process of land

pooling. Land pooling mechanism is mainly adopted for

development of the capital city area wherein the land parcels

owned by individuals or group of owners are legally consolidated

by transfer of ownership rights to the Authority, which later

transfers the ownership of a part of the land back to the land

owners for undertaking of development for such areas. These rules

are applicable to the capital city area for which zonal plans have

been approved. The broad objective of the scheme is to do

justice to the families affected by the construction of a

livable and sustainable capital city for the state of Andhra

Pradesh by making the land owners and local residents as

partners in development.” It is evident from the from the above

that land is pooled for the establishment of the livable and

sustainable capital for the state of Andhra Pradesh on a voluntary

basis locating all the capital functions in the capital city notified,

after pooling all the lands from the farmers for establishment of a
 capital by making them believe that Amaravati is the sole capital

for the state of Andhra Pradesh and venturing to relocate the

capital functions from Amaravati will be nothing but cheating by

the sovereign and absolute violation of Human Rights and the

principles of Natural justice.

5.20 I further respectfully submit that, the authority constituted by the

state government under Section 4 of the CRDA Act, 2014 has

issued form 9.1 under Rule 6(2) of the CRDA Rules, 2015

inviting the land owners in the Capital City area notified

vide G.O.Ms.No.254, MA & UD (M2) Department, dated:

30.12.2014 and G.O.Ms.No. 141 Date :09.06.2015 in accordance

to sub section 3 of section 3 of the Andhra Pradesh Capital

Region Development Authority Act, 2014 R/w Section 5 (2)

of the Andhra Pradesh Reorganization Act, 2014 to

undertake land pooling Scheme and to surrender the

agricultural land that are notified for the establishment of

capital.

5.21 I further respectfully submit that, having regard to the

intentions of the state government to develop a world class

capital and on the assurance and promises made by the

Hon’ble Prime Minister, the then Hon’ble Chief minister and

several other ministers and the then Hon’ble opposition

leader and the present chief minister in the series of

meetings and awareness camps conducted in the villages

to construct a benchmark astounding capital city for the

state of Andhra Pradesh(annexed at P-25) nearly 29,754

farmers have participated in the Land Pooling Scheme by

submitting consent application in form 9.3 under Rule 6(2)

(ii) CRDA Rules, 2015, consenting to participate in the land

pooling scheme surrendering their breadwinning, ancestral

agricultural lands to the Government for the guaranteed

reconstituted plots in the notified capital city Amaravati. I

submit that, the majority consists of very small and

marginal farmers belonging to various communities have

surrendered around 34,385 Acres and have become the

partners in the prospect of capital city Amaravati as

envisaged under Rule 1 of the CRDA, Rules 2014, the below

is the table depicting the statics of the surrendered land for

the capital city.

Categor Farmers Extent

y Count
Acres

Acres

0-1 19,970 8184.53

1-2 4,214 6058.02

2-5 3,209 9890.05

5-10 829 5626.99

10-20 264 3549.04

20-25 23 507.85

25+ 17 568.76

Total 0 0
5.22 I further respectfully submit that, the authority has issued draft

Land Pooling Scheme notification vide form 9.20 under Rule 10(1),

and thereafter after considering all the objections the authority

has notified the final land pooling scheme notification in form 9.22

under Rule 10(4), whereby the authority has taken away the

physical possession of the Land notified under the final Land

Pooling Scheme notification in form 9.23 in accordance to Rule

10(4) of the CRDA Rules, 2014.

5.23 I further respectfully submit that, the government of Andhra

Pradesh was with a noble objective of constructing a world-class

People’s Capital city, has signed a Memorandum of Understanding

(MoU) with the Government of Singapore on 8th December 2014.

According to the MoU Singapore Government will prepare master

plans at three stages viz., 1) Capital Region Concept Master Plan,

2) Capital City Master Plan, and 3) Seed Capital Area Detailed

Master Plan. Government of Singapore, during December 2014

had engaged Singapore-based consulting organisations M/s

Surbana International Consultants Pvt Ltd and M/s Jurong to

prepare the master plans. Government of Singapore submitted all

the three plans on 20th July, 2015. Subsequently, APCRDA

engaged M/s Surbana International Consultants Pvt Ltd, on 3rd

September 2015, to prepare the detailed master plan for

Amaravati Capital City.

5.24 I further respectfully submit that, after preparation of the draft

master plan the same has been published by the authority calling
 for objections/suggestions  in accordance to section 39 (3) of the

CRDA Act, 2014 after considering all the objections/ suggestions,

the Authority after making requisite  modifications in such

manner as it thinks fit, has notified the final master plan in

accordance to section 39(6) of the CRDA Act, 2014 in the official

Gazette vide Gazette notification No:18 dated 23.02.2016 from

such date the plans have come into force (annexed at P-17,18).

5.25 I further respectfully submit that the government of Andhra

Pradesh is with a Nobel objective of building a world class, green

field, self-financing capital city for the state of Andhra Pradesh

with benchmark infrastructure, has taken several safe guards in

planning and preparation of the master Plan, three teams of

CRDA officials have undertaken best practices study tour

comprising of 11 world class cities with an objective to

• Improve the performance of urban projects based on

successes and failures of other cities.

• Enhance CRDA’s skills in formulation of plans and

projects at all levels.

• Create awareness about possible solutions on social,

economic and environmental issues.

• Enhance knowledge and experience through learning

with experts and a networked system.

5.26 I further respectfully submit that, the land has been acquired

from the farmers by the authority constituted by the state

government for establishment of capital in accordance to sub

section 3 of section 3 of the Andhra Pradesh Capital Region

Development Authority Act, 2014 R/w Section 5 (2) of the

Andhra Pradesh Reorganization Act, 2014 and has promised

the farmers to allot developed reconstituted plots in the capital

city making the farmers as the absolute stake holders in the

prospect of the capital city, masterplan and the infrastructure

plan of the capital city.

5.27 I further respectfully submit that the government of Andhra

Pradesh and the Authority has notified Land Use Master Plan for

Amaravati capital city on 22.02.2016 after considering objections

on the draft plan. The identified land use as per master plan is

as below
 So

urce White paper published by the A.P CRDA

it can be explicitly deduced that the government of Andhra

Pradesh has reserved land admeasuring 8,039 Acres for future

monetization so as to realize the cost of development of the world

class green field capital city Amaravati. It can be categorically

stated that the 27,750 farmers have sacrificed ancestral,

breadwinning agricultural land to establish the capital city

Amaravati for a promised compensation of 25% of the surrendered

land in the form of reconstituted developed plots in the capital

and has given 75% of the land to the Government of Andhra

Pradesh for the establishment of capital for the state of Andhra

Pradesh.

5.28 I further respectfully submit that, the government of Andhra

Pradesh in pursuance of the final land pooling scheme notification

issued in form 9.22 under Rule 10(4) of the CRDA Rules, has

taken possession of the lands notified under capital city either by

entering into agreement with the land owners under the Land

pooling or by acquiring the same under the provisions of the Land

Acquisition Act, 2013. Hon’ble Prime Minister Shri Narendra Modi

has laid the foundation stone of Amaravati on 22.10.2015 and has

assured to aid Andhra Pradesh to turn Amaravati a better planned

capital than New Delhi, consequent upon such assurances and

with the financial aid in accordance to section 94(3) of the central

government (annexed at P-24),the capital city work has been

commenced in full swing and the state government has started

the developmental activities in the notified capital city area with an

estimated cost of ₹ 52,837 crores and has grounded works worth

₹41,678 Crores and has also paid about ₹5,674 crores till 28th June

2019 in accordance to the white paper released by the Andhra Pradesh

Capital Region Development Authority on 28.06.2019. The following is

the excerpt of the status of the works summarized in the white paper

annexed at P-23
5.29 I further respectfully submit that, the government of India has

granted Rs1500 crores in accordance to subsection 3 of section 94

of the Andhra Pradesh Re-organization Act, 2014 and the

government of Andhra Pradesh has spent about Rs 8445 crores

for development of the capital declared under subsection 3 of

section 3 of the Andhra Pradesh Re-organisation Act,2014. The

following is the excerpt of white paper showing the fund utilization

table for the capital city

5.30 I further respectfully submit that, the government of Andhra

Pradesh has submitted DPRs for Rs.62,623 Cr to the government

of India for provision of financial support for development of

capital under Section 94(3) of AP Reorganization Act, accordingly

the government of India has released Rs 1,500 crores and the NITI

AYOG has recommended the MOF/GOI for release of 333 crores

per annum for FY 17-18, 18-19 and 19-20, it is evident on perusal

that the government of India has sanctioned funds for the creation

of essential facilities in the new capital of the successor State of

Andhra Pradesh including the Raj Bhawan, High Court,

Government Secretariat, Legislative Assembly, Legislative Council,

and such other essential infrastructure in Amaravati.

5.31 I further respectfully submit that, accordingly the development of

Amaravati Government complex, Trunk Infrastructure, LPS

infrastructure have been developed simultaneously. The

AMARAVATI GOVERNMENT COMPLEX (AGC) is spread over 1575

Acres which is intended to house Government Institutions of

Legislature, High Court, Secretariat, Raj Bhavan and their related

eco system. Housing for various Government functionaries – Chief

Minister, Ministers, Members of Legislature, Judges, AIS Officers

and other Govt employees, Other institutions like RBI, CAG,

CPWD etc. The total estimated cost for the same is Rs 14,008

Crores of which works worth Rs 8,336 have already been

grounded and an amount of Rs 1,729 crores has already been

paid.
5.32 I further respectfully submit that, the government of Andhra

Pradesh has completed the construction of the Interim Secretariat

consisting of 6 blocks with an area of 6,30,000 sq.ft with a total

cost of Rs 515.19 Crores 12.10.2016 and the government of

Andhra Pradesh has directed all the secretariat departments,

Heads of Department and the autonomous organizations and

corporations along with their staff to function from Amaravati as

the capital of residuary state of Andhra Pradesh has been

relocated from Hyderabad to Amaravati vide G.O.Rt.No:1909

dated 29.08.2017 (annexed at P-21).

5.33 I further respectfully submit that, his Excellency Hon’ble

president of India vide order dated 27th December 2018 (annexed

at P-22), in Pursuance of Article 214 of the constitution, and the

provisions of the A.P Re-organization Act, 2014 has constituted

separate High Court for the state of Andhra Pradesh namely High

Court of Andhra Pradesh, from the 1st of January, 2019 with

the principle seat at Amaravati in the state of Andhra Pradesh,

accordingly the Andhra Pradesh High Court has been shifted from

Hyderabad to Amaravati and started functioning in interim

Judicial complex Amaravati from 01.01.2019. It is also pertinent

to bring it to the notice of this Hon’ble court that, the state

government of Andhra Pradesh has given an undertaking in the

Hon’ble supreme court in SLP(civil) 29890 of 2018, that a

Judicial city is under construction in Amaravati where High

 Court, subordinate courts, tribunals would be accommodated, it

is to be brought to the notice of this Hon’ble court that the total

estimated construction value of the High Court is Rs 1322 Crores

and out of which 819 crores have been grounded with a physical

construction progress of 8%, till 28th June 2019, however the

government of Andhra Pradesh has stalled the construction

activity of the high court since 28.06.2019 for the reasons best

known to the government.

5.34 I further respectfully submit that, at this juncture a different

political party headed by the then opposition leader is elected to

power in the Andhra Pradesh Legislative Assembly elections-2019,

and formed the government, there after the government of Andhra

Pradesh has stalled all the developmental activities till date in the

capital city for the reasons best known to it, at this juncture the

government of Andhra Pradesh has issued G.O.Rt.No:585 dated

13.09.2019(annexed at P-26) appointing a committee in the name

of an expert committee to take a quick review of the developmental

plans initiated so far and suggest comprehensive development

strategy for all-round development of the entire State including

Capital and the members include

1. Prof K.T. Ravindran,Retd. Dean & Professor and Head of the Department of

Urban Design at School of Planning and Architecture, New Delhi.

2. Prof. Dr. Mahavir, Professor of Planning, Dean (Academic), School of Planning

and Architecture, New Delhi.

 3. Prof. H.M.Shivanand Swamy, Faculty of Planning & Director Centre of

Excellence in Urban Transport, CEPT, Ahmadabad.

4. Dr. Anjali Mohan, Urban and Regional Planner, INDE, Bangalore.

5. K.B. Arunachalam, Retd. Chief Urban Planner, Chennai .

6.Sri G.N.Rao, IAS (Retd.) (1988 batch) will act as Convenor of the

Expert Committee.

5.35 I further respectfully submit that, the committee consisted of

academicians planners pertaining to the department of Planning

and architecture, the committee is envisaged with a duty to review

of the developmental plans initiated so far and to suggest

comprehensive development strategy for all-round development of

the entire State including the Capital, whereas the committee has

rendered the impugned expert opinion on decentralization of

development and governance in the state of Andhra Pradesh

travelling beyond authority/scope and expertise (the subjects of

economics and governance).

5.36 I further respectfully submit that, on 17.12.2019 the Hon’ble Chief

Minister of Andhra Pradesh prior to the report of the expert

committee in the assembly has expressed that “We can think in

terms of having three capitals one being the legislative capital to

remain in Amaravati and the other two being executive capital and a

judicial capital to be in Visakhapatnam and Kurnool

respectively”( news paper clipping is annexed as P-37), to my

remorse the expert committee constituted vide G.O.Rt.No.585

 Dated:13.09.2019 has submitted its report advocating three capitals

on 21.12.2019 and that too in the same places specified in the lines

of the Hon’ble chief minister on 17.12.2019 and thereafter the High

power committee consisting of the council of ministers instead of

rejecting the report has upheld the same affirming and upholding

the political interests of the people in power.

5.37 I further respectfully submit that, the expert committee in rendering

the opinion has travelled beyond it authority/scope and expertise

and also has not visited the dictum of the A.P Re-organisation Act,

2014, the expert committee is under a presumption that Hyderabad

is the common Capital city for both the states, wherein section 5

speaks as follows:

(1) On and from the appointed day, Hyderabad in the existing State of Andhra

Pradesh, shall be the common capital of the State of Telangana and the State of

Andhra Pradesh for such period not exceeding ten years.

(2) After expiry of the period referred to in sub-section (1), Hyderabad shall be the

capital of the State of Telangana and there shall be a new capital for the

State of Andhra Pradesh.

The outer limit of 10 years has been specified by the central

government, however the state of Andhra Pradesh is under an

obligation to establish a capital within 10 years and shift the seat of

governance by that time. Accordingly the government of Andhra

Pradesh has notified an extent of 217 Sq.Km as capital city in

accordance to the resolution passed in the state assembly vide

G.O.Ms.No:141 MA&UD(M2) DEPARTMENT dated :09.06.2015 and

 G.O.Ms.No: 254 MA&UD(M2) dated 30.12.2014 and has taken up

construction and development of the city in accordance to A.P Re-

organisation Act, 2014 with the financial assistance of the central

government, however the expert committee has failed to

acknowledge the same and continued to render its opinion with the

prejudice politically motivated decisions.

5.38 I further respectfully submit that as envisaged in the report, the aim

of the committee is to decentralize the development and the

governance, having acknowledged the fact that Vishakhapatnam is

a mega city and is largely industrialized, the expert committee has

rendered its opinion that the secretariat and an assembly session

has to be in Vishakhapatnam (annexed at P-36) so as to achieve

decentralized development for the reasons best known to it.

5.39 I further respectfully submit that, if the intention of the expert

committee and the High Power committee is to reduce the economic

inequalities between the regions, wherein the committee has never

considered that, Visakhapatnam is one of the 100 fastest growing

cities in the world, which has a  GDDP of $12 billion. It is the 9th

richest city in India with the major ports, ship yards, Industries,

Information technology Industry, Pharma Industry, Special

Economic zones details are annexed at P36), wherein the expert

committee has failed to recognize the same and opined that the

executive capital function and part of legislative capital functions

have to be shifted to Visakhapatnam so as to ensure balanced

 growth with a predetermined ill motive to shift the capital functions

from Amaravati.

5.40 I further respectfully submit that, the expert committee was

envisaged with a task “to take a quick review of the

developmental plans initiated so far and suggest

comprehensive development strategy for all-round development

of the entire State including Capital” suggesting a development

strategy does not empower the committee to recommend the

government to decentralize the governance, the expert committee

has committed a serious wrong by proposing to shift this Hon’ble

High court and to establish benches. The High Court of Andhra

Pradesh has been shifted from Hyderabad to Amaravati in

accordance to his majesty’s presidential order dated 26.12.2019

issued in exercise of powers conferred under Article 214 of the

Indian constitution R/w Clause(a) of Subsection 1 of Section 30,

Sub-section 1 of Section 31 and sub section 2 of Section 31 of the

Andhra Pradesh Re organization Act, 2014, the action of the expert

committee and the action of the High power committee in upholding

the report of the expert committee constituted by the state

government is ultravires and derogatory to the orders passed by his

Majesty Hon’ble President of India.

5.41 I further respectfully submit that, the policy of the government was

to ensure decentralized development of the state with 3 Mega cities

and 14 smart cities, in the state of Andhra Pradesh with the support
 of the central government and by decentralizing industries and

projects for the benefits of different parts of the state, the state

government was with an intention to uplift the Rayalaseema region

has taken up the Polavaram project with the aid of the central

government, and has invited kia motors to setup manufacturing in

Anantapur district and was successful in creating jobs there and

has allocated several industries and institutions to different corners

for decentralization of development of the state of Andhra Pradesh,

the expert committee has never visited the ongoing decentralized

development in the state of Andhra Pradesh, rather they have come

up with distribution of capital functions in the name of

decentralization with a frivolous intention to shift the capital from

Amaravati.

5.42 I further respectfully submit that, the expert committe appointed

has proposed decentralized capital locations and the same are

tabled as follows (annexed at P-28):

Location Decentralized capital functions

Amaravati-Mangalagiri High Court,

Legislative Assembly (Winter),

Governor,

Chief Ministers Camp Office

Visakhapatnam Metropolitan High Court Bench

Region(VMR)
Legislative Assembly (Summer),

Secretariat,

Chief ministers camp office.

 Kurnool High Court

if the intention of the committee is to mitigate the economic

inequalities it should have proposed an all-round development

strategy rather than proposing to shift the capital functions from

Amaravati to promote the ill motives of the people in power to

discontinue the Capital city, even the High power committee has

upheld the same for the reasons best known .

5.43 I further respectfully submit that it is pertinent to bring it to the

Knowledge of this Hon’ble court that several ministers including the

chief minister has on several occasions have categorically acclaimed

their politically motivated intention to discontinue the development

of the Capital city Amaravati and to shift the capital functions to

Visakhapatnam, it is evident from the politically motivated

statements of the council of ministers who aid and assist the

Hon’ble governor in the decision making process are not prudent

and are prejudiced with the intention to shift the capital city from

Amaravati.

5.44 I further respectfully submit that, the government of Andhra

Pradesh has issued G.O.Ms.No:159 dated 29.12.2019 constituting

High Power Committee with a team of ministers and the chief

secretary is appointed as the convener of the committee(annexed at

P-29), to examine the report submitted by the Expert committee

constituted vide G.O.RT.No:585 dated 13.09.2019 on the concept of

decentralized development and work out a strategy on the way

forward keeping in view the various provisions of the Reorganization

 Act, whereas the expert committee was constituted to suggest an

overall development strategy. The group of ministers in the High

power committee were with a prefixed mind to shift the capital city

from Amaravati and have made several comments in the press,

several newspaper clippings of the statements of the high-power

committee (have been annexed as P-37 for the perusal of this

Hon’ble court). It is obligatory on part of the committee to not to be

prejudiced in rendering the strategy in the interest of the state, and

also scrupulously examine the expert committee report keeping in

view of the various provisions of the AP Reorganization Act, 2014.

By accepting the expert committee report the High Power committee

contravenes the A.P reorganization Act, 2014 and the orders passed

by his majesty Hon’ble president of India, the action of the High

Power committee is arbitrary ultravires and has committed a serious

error, the constitution of the said expert committee and the high

power committee is only an eyewash procedure that is being

contemplated and followed for achieving a predetermined objective.

5.45 I further respectfully submit that the, High power committee has

sought representation for the farmers who have surrendered their

lands for the Amaravati Capital city giving within 4 days from the

date of invitation without disclosing the reports of the expert

committee constituted vide GORT No 585 Dt 13.09.2019 and

without even specifying the context on which grievances are sought,

however the same has been challenged before this Hon’ble court

vide W.P PIL No 7 of 2020 and this Hon’ble court has passed orders

extending 3 days’ time for submitting grievances on 17.01.2020

that ends by 20.01.2020 4.30 P.M(annexed at P-30), However the

 High power committee violating the orders of this Hon’ble court and

without having regard to the grievances of the farmers have

submitted the reports on 17.01.2020 ( as specified in the bills

annexed as P-1) and the Andhra Pradesh state cabinet has accepted

the recommendation of the High-power committee and has resolved

to accept the recommendations and to provide statutory backing

and has introduced 2 bills i.e A Bill to provide for decentralization of

governance and inclusive development of the all the regions of the

state of Andhra Pradesh and for providing for establishment of zonal

planning and development boards apart from provisions for seats of

governance in different regions of the state and the matters ancillary

thereto (BILL No:1 of 2020), and a bill to repeal the Andhra Pradesh

Capital Region Development Authority Act,2014 and to provide for

matters connected therewith or incidental thereto(BILL No:2 of 2020)

in the Andhra Pradesh state assembly.

5.46 I further respectfully submit that, the whole emphasis of the High

power committee is on decentralized administration and distributed

development and recommends distribution of capital functions to

achieve decentralized administration and the same it to be done for

honoring the “Sribagh Pact”, it is to be noted that the High Power

committee is guided by the unconstitutional agreement like Sribagh

pact made between the then political leaders in a house, leaving

aside the capital established in accordance to the A.P

Reorganisation Act, 2014 and the legitimate promise made by the

government of Andhra Pradesh to the farmers who have surrendered

the lands for the capital city to facilitate the self-financing green

field capital city for the state of Andhra Pradesh, when the
 government cannot afford to acquire lands, it is also to be

considered that the High Power committee was directed by a report

of the Boston consultancy group, whereas the consultancy group

has disclaimed the report and it was not prudent on part of the

committee to consider the same.

5.47 I further respectfully submit that based on the report of the High

Power committee BILL No:1 of 2020 and BILL No:2 of 2020 have

been introduced in the Andhra Pradesh state Assembly and the

have been passed in the legislative Assembly and have been sent to

the legislative council and thereafter, in the legislative council when

the bills were introduced have been referred to select committee by

the legislative council under Rule 143 of the legislative council

rules, however the ruling for the reasons best know the select

committee has not been constituted, challenging the same WP.No:

9154 of 2020 is pending before this Hon’ble Court. However without

having regard to any such facts the government has once again

introduced the bills in the assembly for the second time and

bulldozed the same by issuing WIP, and the same has not even been

introduced in the legislative council and his excellency governor for

the state of Andhra Pradesh has given assent on 31.07.2020.

5.48 I further respectfully submit that chapter III of the Andhra Pradesh

Decentralization and inclusive development of All Regions Act, 2020

specifies Seats Of Governance Section 7 (1) ” To enable a decentralised

model of governance and to provide an inclusive governance in the State there

shall be three (3) Seats of Governance in the State of Andhra Pradesh, to be called

as 'Capital(s) as under :
 (i) Amaravati Metropolitan Region Development Area (hereinafter referred to as

Amaravati) to be called as the 'Legislative Capital'

(ii) Visakhapatnam Metropolitan Region Development Area (hereinafter

referred.to as Visakhapatnam) to be called as the 'Executive Capital'; and

(iii) Kurnool Urban Development Area (hereinafter referred to as Kurnool) to be

called as the 'Judicial Capital'

I further respectfully submit that the intention of the impugned

legislation is to establish 3 seats of governance i.e Legislature,

executive and judiciary.

5.49 I further respectfully submit that, in accordance to section 8 of the

of the Andhra Pradesh Decentralization and inclusive development

of All Regions Act, 2020

Section 8: “the State Government shall endeavor to locate all the Institutions of

the State, the State Department(s) and the instrumentalities of the State in the three

Capital(s) under Section 7. Without prejudice to the generality of the foregoing the

State shall, as far as practicable, seek to ensure the following:

(i) The seat of Legislature shall be at the Legislative Capital of Amravati;

(ii) The Raj Bhawan, Secretariat and Offices of the Heads of the Departments of

Government shall be located at the Executive Capital of Visakhapatnam;

(iii) The Seat of all State Judicial Institutions established under State legislations,

shall, as far as practicable, be located in the Judicial Capital of Kurnool;”

(iv) The Government shall initiate steps to seek relocation of the

Principal Seat of High Court of Andhra Pradesh to the Judicial

Capital of Kurnool and for constitution of bench(es) of the High

 Court of Andhra Pradesh in accordance with the procedure

prescribed under the Andhra Pradesh Reorganisation Act, 2014:

5.50 I further respectfully submit that, the government of Andhra

Pradesh has notified capital for the state of Andhra Pradesh vide

G.O.Ms.No 254 dated 30.12.2014 and G.O.Ms.No.141 dated

09.06.2015 in accordance to the Section 5(2) of the Andhra Pradesh

Re-organisation Act,2014 R/w under sub section 3 of section 3 of

Andhra Pradesh Capital Region Development Authority Act, 2014

and has exercised the power of establishing capital in accordance to

the Re-organisation Act,2014.

5.51 I further respectfully submit that, the government of Andhra

Pradesh has acquired more than 33,000 Acres from the farmers for

establishment of the capital notified in accordance to the Andhra

Pradesh Reorganization Act, 2014 and the state government of

Andhra Pradesh taken up construction of Raj Bhawan, High Court,

Government Secretariat, Legislative Assembly, Legislative Council,

and such other essential infrastructure with the financial support of

the Union of India granted in accordance to subsection 3 of section

94 of the Andhra Pradesh Reorganization Act, 2014.

5.52 I further respectfully submit that, his excellency Hon’ble President

of India in pursuance of Article 214 of the Indian constitution and in

pursuance of clause (a) of subsection (1) of section 30, subsection 1

of section 31 and subsection (2) of Section 31 of Andhra Pradesh

Reorganization Act,2014 has notified a separate High Court for the

state of Andhra Pradesh from the 1 st day of January 2019, locating

 the principal seat of High Court at “Amaravati”, the High Court has

been established in pursuance of the Andhra Pradesh

reorganization Act and nothing permits the government of Andhra

Pradesh to seek relocation of the High Court as High is an

independent body and the state government cannot shift the High

Court on some pretext and the same amounts to colorable exercise

of power.

6 GROUNDS

6.1 I further respectfully submit that, Chapter III of the impugned

legislation deals with establishment of 3 capitals for the state of

Andhra Pradesh, however the state is devoid of legislative

competence, the legislative competence of the state is envisaged in

schedule VII of the Indian constitution and the same does not confer

any prerogative on the state to establish capital. The Capital is only

established under the prerogative conferred by the Andhra Pradesh

Re-organisation Act, 2014 and such power has exercised by the

government of Andhra Pradesh and Amaravati has been notified as

the capital city for the state of Andhra Pradesh and the same is

exhausted, chapter III of the impugned legislation needs to be struct

down for being devoid of lack of legislative competence.

6.2 I further respectfully submit that, capital is a place where seat of

governance is established and in accordance, wherein chapter III of

the impugned legislation provides for and trifurcation of capital

functions that were already established in accordance to the Andhra

Pradesh Reorganization Act,2014 and the Andhra Pradesh Capital

Region Development Authority Act, 2014 using the financial

 assistance of the central government and the state has got no

legislative competence to shift the seat of governance in accordance

to Schedule VII of the Indian Constitution.

6.3 I further respectfully submit that, the state has got no prerogative to

establish state capital, a state capital is established only in

accordance to the enabling provision granted under section 5(2) of

the Andhra Pradesh Reorganisation Act,2014 and the same has

been exercised by establishing the capital at Amaravati following

due process of law and the power conferred is exercised and

exhausted, at this juncture the state does not have any legislative

competence to alter or shift the capital for the state of Andhra

Pradesh and the sate of Andhra Pradesh is debarred for not having

legislative competence.

6.4 I further respectfully submit that, Section 8(iv) of the impugned

legislation empowers the government of Andhra Pradesh to seek

relocation of the principal seat of Andhra Pradesh High Court from

Amaravati in accordance to the procedure prescribed under the

Andhra Pradesh Reorganisation Act, 2014, wherein judiciary is an

independent body and has been established in accordance to Article

214 of the Indian constitution and in pursuance of clause (a) of

subsection (1) of section 30, subsection 1 of section 31 and

subsection (2) of Section 31 of Andhra Pradesh Reorganization Act,

2014 and no provision under the Reorganisation Act, 2014, permits

for relocation of the High Court and section 8(iv) is in derogatory to

the independence of judiciary and not withing the legislative

competence of the state under schedule VII of the Indian

Constitution.
6.5 I further respectfully submit that, Subsection 2 of Section 32 of the

Andhra Pradesh Reorganisation Act, 2014 empowers his excellency

Hon’ble president of India to notify the principal seat of High Court

for the state of Andhra Pradesh and his Excellency has notified

Amaravati as the principal seat of High Court of Andhra Pradesh

vide notification dated 26.12.2018, at this juncture section 8(iv) of

the Act No 28 of 2020 is empowering the government of Andhra

Pradesh to seek relocation of the principal seat of the High Court of

Andhra Pradesh to Kurnool, wherein the Andhra Pradesh

Reorganisation Act,2014 does not empower the state government to

decide about the location of the High court, it is the sole prerogative

of his excellency and the government is not even empowered to

decide on location of the High court, Andhra Pradesh Reorganisation

Act,2014 does not even empower for relocation of the High Court.

Section 8(iv) of the Act No 28 of 2020 is against the provisions of the

Andhra Pradesh Reorganisation Act, 2014 and in gross violation of

the principles of constitution and the independency of the Judiciary.

6.6 I further respectfully submit that, section 8(iv) of Act No 28 of 2020

empowers state government to seek for establishment of benches in

accordance to the procedure prescribed under the Andhra Pradesh

Reorganisation Act, 2014, whereas in accordance to subsection 3 of

the section 32 of the Andhra Pradesh Reorganisation Act,2014 the

prerogative of constituting benches vests with the chief justice with

the approval of the Governor of Andhra Pradesh, however Section

8(IV) of the impugned legislation empowers government to initiate

steps for constituting benches and the same has to be struck down
 for being violative of Provisions of the Andhra Pradesh

Reorganisation Act, 2014.

6.7 I further respectfully submit that, the impugned legislation has been

passed by the state legislative assembly invoking the Article 197(2)

of the Indian constitution, whereas the bill was neither rejected by

the Council, nor any amendments have been proposed, the bill was

first introduced in the legislative council after passing in the

legislative Assembly on 20.01.2020 the same was referred to the

select committee in accordance to the 143 of the Rules and

procedure and conduct of business in the Andhra Pradesh

Legislative council as the bill has substantial public interest

involved, however the select committee has not been constituted yet

and without any report from the select committee the Andhra

Pradesh legislative Assembly has passed the bills for the second

time and has invoked Article 197(2) of the Indian constitution,

whereas Article 197(2) of the Indian constitution cannot be invoked

when the bills have been referred to the select committee following

due process of law.

6.8 I further respectfully submit that, the chapter III of the impugned

legislation has been enacted to trifurcate the capital functions and

to shift the seats of governance in the name of decentralized

governance, however decentralization of governance means a mode

to disseminate decision-making power and the authority for

implementation of those decisions to the people and does not mean

bifurcation or trifurcation of capital functions, the act of trifurcation

 of capital function is a class legislation enacted only to scale down

the established capital and is absolute violation of Article 14 of the

Indian Constitution.

6.9 I further respectfully submit that, lands have been acquired from

the 28,526 farmers for establishment of Amaravati as the only

capital for the state of Andhra Pradesh by the government of Andhra

Pradesh in accordance to the Andhra Pradesh Reorganisation

Act,2014 and the Andhra Pradesh Capital region development

Authority Act, 2014 by promising developed reconstituted plots in

such capital city without paying monetary compensation,

evidentially the farmers who have surrendered lands for

establishment of such capital have the vested interest on

development, that will be accrued because of the establishment of

the capital functions in Amaravati, by trifurcation of the capital

functions the promises made to the farmers will be breached and

the same amounts to cheating under the veil of the sovereignty,

rendering JUSTICE forms basic structure of Indian constitution and

the legislature is barred from making legislations cheating the

subjects of the state.

6.10 I further respectfully submit that, schedule Vii of the Indian

constitution specifies the legislative competence, it is evident that

the state has no prerogative to establish capital and it can be

conveniently deduced that Section 5(2) of the Andhra Pradesh

Reorganisation Act, empowers the state government to establish

capital, exercising such power The Andhra Pradesh Capital Region

 Development Authority Act,2014 has been enacted and Amaravati

has been declared as the capital for the state of Andhra Pradesh and

the power conferred by the Andhra Pradesh Reorganisation Act,

2014 has been exhausted and now at this juncture, the state of

Andhra Pradesh is barred of any legal competence to shift, relocate,

or divide the capital, for this sole reason the impugned legislation

needs to be quashed.

6.11 I further respectfully submit that, the government of Andhra

Pradesh has acquired lands from the farmers for establishing the

sole green field, livable, sustainable and planned capital city for the

state of Andhra Pradesh capital for the state of Andhra Pradesh,

promising the developed reconstituted plots admeasuring nearly

25% of the land surrendered in such capital and accordingly has

made the master plan, wherein the impugned statute trifurcating

and establishing the three capitals and shifting the already

established seats of governance will scale down the prospect and the

farmers who have surrendered the lands will be vitiated, the state is

barred by promissory estoppel.

6.12 I further respectfully submit that, the impugned legislation is

enacted to give statutory backing to the report of the High Power

committee constituted vide G.O.MS. No:159 dated 29.12.2019 to

review the report of the committee constituted vide G.O.Rt.No.585

Dated:13.09.2019 with the support of the disclaimed report of the

Boston Consultancy group in the context of the Andhra Pradesh

Re-organization Act, 2014, the High-power committee has also

 invited grievances from the farmers giving a period of 4 days,

however the same has been challenged before this Hon’ble court and

3 days additional time has been granted for submission of the

grievances i.e 5.00 P.M, 20.01.2020, however without considering

the orders of this Hon’ble court the high power committee has

submitted its report on 17.01.2020, and the cabinet has approved

the same and tabled them as Bill No:1 of 2020 and Bill No:2 of

2020, However by accepting the expert committee’s report the High

power committee has contravened the AP Re-organisation Act 2014

and the orders passed by this Hon’ble High court, hence the action

of the High power committee is arbitrary and ultravires and

committed a serious error.

6.13 I respectfully submit that, the committee constituted vide

G.O.Rt.No.585 Dated:13.09.2019 with a group of Academicians

belonging to the departments of Urban Planning and Architecture,

are directed to take a quick review of the developmental plans

initiated so far in the state of Andhra Pradesh and to suggest

comprehensive development strategy for all-round development

of the entire State including Capital. Suggesting a development

strategy does not empower the committee to suggest the

Government to decentralize the governance. The action of the expert

committee is ultravires and derogatory to the orders passed by his

Majesty Hon’ble President of India and also to the AP Reorganization

Act 2014, enacted by the Parliament under the Constitution. The

committee has gone into fields of governance of the state, Judiciary

and several other fields where the committee is not mandated or are
 not experts in, it is evident that the action of the committee is

nothing but ultravires, arbitrary and undue exercise of power.

6.14 I further respect submit that impugned legislation is shift of policy

which involved huge financial implication and the lives of the stake

holders the state must have continued the execution of the legally

established policy rather than overturning the same, in several

occasions the Hon’ble Apex court has categorically held that In

the matter of governance of a state or in the matter of

execution of a decision taken by a previous government, on

the basis of consensus arrived at, which does not involve any

political philosophy the succeeding government must be held

duty-bound to continue and carry on the un-finished job

rather than putting a stop to the same” policy of the state

need not be changed due to change of the governments, there

shall be consistency in policy decisions.

7 SOURCE OF INFORMATION

I respectfully submit that the source of Information of

the facts pleaded in the petition are from the following

sources:

1. Government orders.

2. News Paper clippings.

3. Reports submitted in this Hon’ble court.

4. Government websites.
 5. Andhra Pradesh Gazette.

8. NATURE OF EXTENT OF INJURY

I respectfully submit that because of the impugned

legislation has been enacted beyond the legislative

competence of the State with an ill motivated

prejudiced interest to scale down the established

capital city Amaravati, the rights of the thousands of

the farmers who have surrendered bread winning

agricultural lands for the capital city of Andhra

Pradesh will be curtailed and the impugned legislation

sets a bad precedent and permits unstable governance

and also enables for continues shifting of capitals.

9. Representations:

No representation has been made by the petitioner with

regard to the present case.

10. Delay, if any, in filing the Petition and Explanation:

It is submitted that there is no delay in filing this Petition

between the last representation and the filing this instant

PIL, as this is a continuous cause of action. Therefore, in the

event of this Hon’ble court coming to a conclusion that there

is any delay in approaching this Hon’ble court, the same

may be condoned.

Aggrieved by the inaction the Respondents, the Petitioner has no

 other alternative and effective remedy except to approach this

Hon’ble Court under Article 226 of the constitution of India.

The Petitioner has not filed any other writ or proceedings before

any other Court or Authority praying for the same relief sought for

in this writ petition.

11. Material relied upon:

Constitution of India, The Andhra Pradesh Re-organization

Act,2014, The Capital region development Authority Act,2014,

Supreme court and High Court Judgments press release,

Articles on Sustainable Development, Precautionary Principle

and Public Trust Doctrine, promissory estoppel .

12. Relief(s) Prayed for

In view of the above submission, It is therefore prayed that this

Hon’ble Court may be pleased to issue an appropriate writ order or

direction particularly one in the nature of writ of mandamus:

1. Declaring the Andhra Pradesh Decentralization and Inclusive

Development of All Regions Act, 2020 is devoid of the

legislative competence,

2. Declaring the chapter III of the Andhra Pradesh

Decentralization and Inclusive Development of All Regions Act,

2020 is devoid of the legislative competence,

3. Declaring the chapter III of the Andhra Pradesh

Decentralization and Inclusive Development of All Regions Act,

2020 is violative of the Andhra Pradesh Re-organisation

 Act,2014

4. Declaring the chapter III Section 8(iv) of the Andhra Pradesh

Decentralization and Inclusive Development of All Regions Act,

2020 enabling the state government to seek relocation of the

principal seat of Andhra Pradesh High court is devoid of the

legislative competence and also violative of the Article 214 od

the Indian constitution R/w section 31, 32 of the Andhra

Pradesh Reorganisation Act,2014 and is derogatory and

endangering the independence of the judiciary.

5. Declaring the chapter III of the Andhra Pradesh

Decentralization and Inclusive Development of All Regions Act,

2020 proposing to shift the capital from Amaravati and

constituting different capitals as devoid of legislative

competence and violative of the principal of promissory

estoppel and violative of Article 14,19,21, 300A of Indian

constitution besides being violative of the principles of Natural

justice and amounts to cheating under the veil of sovereignty

by the state.

6. Consequently, quash and set aside the Andhra Pradesh

Decentralization and Inclusive Development of All Regions Act,

2020 and more particularly Chapter III for lacking legislative

competence and for being violative of the principal of

promissory estoppel and violative of Article 14,19,21, 300A of

Indian constitution besides being violative of the principles of

Natural justice

7. Declaring the action of the respondents in invoking Article

 197(2) of the Indian Constitution when the bills have been

referred to the select committee for adjudication and passing

the same without considering the legislative council as

violative of the Rules and procedure and conduct of business

in the Andhra Pradesh Legislative council and the constitution

of India, the impugned action will set as a bad precedent and

will over ride the powers of the legislative council.

8. And pass such other order or orders as this Hon’ble

court may deem fit and appropriate.

13. INTERIM RELIEF PRAYED IS AS FOLLOWS

It is further prayed that this Hon’ble Court may be pleased to stay and

suspend the implementation of the chapter III of the Andhra Pradesh

Decentralization and Inclusive Development of All Regions Act, 2020

pending disposal of the above writ petition, and pass such other order or

orders as this Hon’ble Court may deem fit and proper in the

circumstances of the case and in the interest of justice and equity.

14. CAVEAT:

I submit that no notice has been received of lodging a Caveat by the

Respondents.
AMARAVATI Deponent

02.08.2020

Before me

Advocate, Amaravati