Section 6 of the AP Bifurcation Act 2014: The Central Government shall constitute an expert committee to study various alternatives regarding the new capital for the successor State of Andhra Pradesh and make appropriate recommendations in a period not exceeding six months from the date of enactment of the Andhra Pradesh Reorganization Act 2014.
In view of the same, the Central Government constituted expert committee of Sri Sivarama Krishnan and the said committee has received thousands of suggestions from the general public of AP and most of them have been suggested the capital should be in between the Guntur and Vijayawada and accordingly the then Government has centrally located the place for the capital of the Andhra Pradesh by name ‘Amaravati’, the peoples of capital of AP.
Hence, by virtue of section 6 of the AP reorganization Act, the Central Government also notified the same as Amaravati is the capital of successor state of Andhra Pradesh and after collecting the 33,000 acre of lands along with government lands total 53 thousand acres of lands available for the development of the capital city of Amaravati. Moreover, the present Chief Minister YS Jaganmohan Reddy also delivered his speech in the Assembly about the existing Amaravati stating that minimum 30,000 acres of land should be acquired which is also located in between the Vijayawada and Guntur precincts to avoid further difference in between three regions in the state, which is centrally located for the all the peoples as he suggested the then Government.
No differences of opinion either from the other political parties or from the general public of 13 Districts of AP. All have accepted Amaravati as the capital of AP, and past four years i.e from 2015 to 2019 during this period the then Govt. has ruled the state without any drastic problems in the state.
The then Government of AP, almost all the buildings for administration i.e., Secretariat, Legislative Assembly, Legislative Council, High Court, nearly sixty towers of multi-storied buildings which are mostly completed and the same are ready for occupation except minor works. Some more buildings which are completed nearly 70 to 90 percent of works, the IAS, IPS, Ministers and judges quarters are under construction which are completed more than 25 percent.
So, at present there is no need to shift the capital for any reasons. If the government could not invest the amount for the remaining works, there is no hurdles to continue the ruling in the same as it is, except the existing roads will be completed for convenience of the general public.
If the Govt. has taken hasty steps should face legal consequences and also against the public policy as well as against the principles of natural justice. The larger public interest is involved in the drastic steps taken by the Govt.
In the name of Executive Capital:
Ø Already the capital (Executive capital means Secretariat, Legislative capital means MLAs and MLCs and Judicial capital means High Court) has been decided and government activities are going on since 2015 and also the central government also recognized the capital as Amaravati and shown in the Indian map also.
Ø The government of India can interfere if the state government taken hasty steps to change the capital from one place to another which is illegal and arbitrary and the head of the constitution is the Hon’ble Supreme Court can also interfere, if anybody challenge the official decisions taken by the State Government.
Ø Natives in the 29 villages, who are mostly farmers, sacrificed their lands for the establishment of the Amaravati capital for the state government under land pooling system which is only meant for public interest in the entire state not for their own purpose.
Ø As per the ministers of the government they will provide more to the farmers than the previous govt. Given benefits are not acceptable as also the farmers in the 29 villages except the development of Amaravati capital which is more useful to 13 District peoples or else they demanded to released their land as it is in the year 2015, though not possible the entire lands were already disturbed by way of form the roads and plots. At this juncture, if the Govt changes the capital, the said plots are also unused for them as there is no such development activities either from the private individuals or from the govt. organizations. Or the govt. will retained the entire lands by paying the compensation to them it will costs nearly lacs of crores which is highly impossible for the Govt. to pay such huge crores of rupees, if the Capital Region Development Authority Act 2015 will be repealed which is not possible.
Ø Even if the Govt. goes ahead with their decision the CRDA Act will be protected by the court of law. All the public thought that why the Jagan Mohan Reddy Govt. has to change the capital from where he would have continue his ruling from the Amaravati, nobody will prevent him in any manner instead of smooth going governance, the CM’s thoughts itself are illegal and against the public interest, but his decision went in favour of stake holders in the govt. along with Jagan Mohan Reddy and his kith and kin who got the huge lands in around the Visakhapatnam..for example since may 2019 thousands of acres of land were transactions took place as the public thinking , if they changed the capital from Amaravati to Visakhapatnam which is most peaceful city, developed and cosmopolitan city wherein no need to establish the capital in the name of the Executive Capital only, instead of developed the Amaravati as well as other districts.
Ø At any cost no useful to the general public either to the uttarandhra (Vizag, Vizianagaram and Srikakulam) or any other district people in AP for the said illegal and highhanded decisions of the govt.
Ø The Hon’ble Apex Court observed that as “we are sure, the law making wing of the democracy of this country will take it upon itself to cure the malignancy. We say so as such a malignancy is not incurable. It only depends upon the time and stage when one starts treating it; the sooner the better, before it becomes fatal to democracy. Thus, we part. As observed in case of Public Interest Foundaton Vs.Union of India, So, the Hon’ble Supreme Court of India is the custodian and protector of the Constitution of India,
Ø Mr. Jagan Mohan Reddy being a Chief Minister of AP, he should not Malignant Act towards the general public. As they forgotten that we are in great democratic country. The present govt. has already borrowed the credits nearly 45 thousand crores for the small period of 7 months. How innocent public have been suffered due to arbitrariness acts of the present team of the govt. ie., CM, Ministers, IAS officers and great advisors
Ø No extra benefit to the government if the capital changed from Amaravati to Visakhapatnam.. except additional burden on the govt. exchequer by searching the funds again for construction of the buildings.
Ø As per section 31 of the AP Re-organization Act the separate High Court for the state of Andhra Pradesh has been established at Amaravati as per the notification issued by the president of India and so there is no question of disturb the principle seat of High Court from Amaravati wherein the smooth functions has been going on. As such there is no any objections either from the General Public or from the stake holders for the establishment of principle seat of High Court of AP at Amaravati.
Ø If the Govt. of AP has nothing to do with the shifting the principle seat of high court from Amaravati to some other place, except the central government and the supreme court subject to feasibility. The capital Amaravati as well as the High Court at Amaravati have been shown in the geographical maps in AP and India
Ø GN Rao committee and BCG Committee and also Hi-power committee have no legal sanctity already it is in the court of law
Ø Due to apprehensions from the Jagan Mohan Reddy and his team the multinational companies already gone back from Visakhapantam, Ananthapuramu, Kurnool, Prakasam, Nellore and Chittoor District wherein the private industrialist have been interested to invest the huge crores of rupees as per the MOUs entered with the Govt. of AP and the same was cancelled by the present Govt. and the same was taken advantage by the neighbor state..
Ø The Andhra Pradesh growth will be down fall, if the capital is changed in the name of executive capital only, which indirectly to develop the Hyderabad as nobody will come to this state once bad remarks.
- V Eswariah
- High Court Advocate, AP