Top court stays Andhra HC order on Amaravati
NEW DELHI: “Courts are not governments,” said the Supreme Court on Monday as it stayed an Andhra Pradesh high court judgment that said Amaravati is the only capital of the state and directed the government to develop it within six months.
The top court also observed that the high court cannot be a “town planner” or a “chief engineer” to direct the government to build the capital in six months, and that it had “overstepped its limit” in the matter.
A bench of justices KM Joseph and BV Nagarathna made the remarks while hearing an appeal filed by the Andhra Pradesh government, challenging the March 3 order of the high court that required the state to develop Amaravati as the capital city within six months and complete infrastructure development such as roads, drainage and electricity and drinking water supply in the Amaravati Capital City and Region within one month.
“Is there no separation of powers in the state of Andhra Pradesh? How can the high court begin acting as an executive?” the bench asked, while referring to the high court’s directives. “What kind of directions are these? Can the high court become a town planner and chief engineer. Without any expertise, the high court is saying do this in one month, do this in six months. Can the high court assume such administrative roles? Courts are not governments,” it added, as it issued notices to the original petitioners in the high court against the state government’s plans for three capitals and the Centre and posted the matter for hearing on January 31.
The Andhra Pradesh government had decided to make three capitals in different cities – through the Andhra Pradesh Capital Region Development Authority Repeal Act, 2020 and the Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020 – to ensure development in all parts of the state. However, the high court in March ruled that Amaravati is the only capital city of the state and passed a slew of directives to the state.
The high court’s 307-page verdict was passed on a batch of 63 writ petitions filed by aggrieved farmers of Amaravati region against the state government’s decision to make Visakhapatnam the executive capital, Kurnool the judiciary capital and Amaravati as the legislative capital of Andhra Pradesh.