SC refuses to entertain Andhra Pradesh govt's plea against HC order maintaining status quo on three capitals

The Supreme Court on Wednesday refused to entertain the Andhra Pradesh government’s plea challenging the state high court’s decision ordering status quo on two new laws enabling the formation of three capital cities.

A bench of Justices Ashok Bhushan, R Subhash Reddy and  R Shah refused to interfere with the interim order passed by the high court and asked it to decide the matter expeditiously.

Senior Advocate Rakesh Dwivedi, appearing for the Andhra Pradesh government, argued that the judiciary can’t decide from where the executive will function.

“This has brought the whole thing to a standstill. There are preparations to be done. Preparatory steps have to be taken. It has never happened that the judiciary has decided where the executive will function from,” Dwivedi said.

The bench was informed that the main matter is pending before a full court bench of the Andhra Pradesh High Court, which will commence its hearing from Thursday.

The state government had approached the apex court saying that the high court had issued orders staying the implementation of gazette notifications on the abolition of the AP Capital Region Development Authority and the formation of three capitals for decentralised development without any valid reasons.

On 4 August, the Andhra Pradesh High Court ordered status quo on two new laws that enable the establishment of three new capitals for the state.

On 31 July 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. This was immediately after Governor Biswabhusan Harichandan gave his assent to related bills passed by the Assembly.

The law gives shape to the YSR Congress government’s plan of having three capitals for the state — executive in Visakhapatnam, legislative in Amaravati and judicial capital in Kurnool.

The petitioners, which include some NGOs and private individuals who have filed a batch of writ petitions before the High Court, had opposed the formation of three capitals in the state. They expressed the fear that the government was likely to shift the capital from Amaravati and sought a stay on the two new acts.