RAJADHANI RYTHU PARIRAKSHANA SAMITHI, Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2022-3-24
HIGH COURT OF ANDHRA PRADESH
Decided on March 03,2022

Rajadhani Rythu Parirakshana Samithi, Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents


Referred Judgements :-

BHUSAWAL MUNICIPAL COUNCIL VS. NIVRUTTI RAMCHANDRA PHALAK [REFERRED TO]
GAJAPATI NARAYAN DEO VS. THE STATE OF ORISSA [REFERRED TO]
LALARAM VS. JAIPUR DEVELOPMENT AUTHORITY [REFERRED TO]
MANOJ NARULA V. UNION OF INDIA [REFERRED TO]
RAJ KISHAN DASS V. MRS. KUSUM SINGH [REFERRED TO]
RAJINDER PRASAD AGGARWAL VS. CHIEF METROPOLITAN MAGISTRATE AND OTHERS [REFERRED TO]
STATE OF MADRAS VS. V.G.RAO [REFERRED TO]
STATE OFBIHAR VS. KAMESHWAR SINGH:STATE OF MADHYA PRADESH:GOVERNMENT OF THE STATE OF UTTAR PRADESH:KAMESHWAR SINGH [REFERRED TO]
STATE OFBIHAR VS. KAMESHWAR SINGH:STATE OF MADHYA PRADESH:GOVERNMENT OF THE STATE OF UTTAR PRADESH:KAMESHWAR SINGH [REFERRED TO]
STATE OF WEST BENGAL VS. BELLA BANERJEE [REFERRED TO]
THAKUR AMAR SINGHJI VS. STATE OF RAJASTHAN [REFERRED TO]
RAI SAHIB RAM JAWAYA KAPUR VS. STATE OF PUNJAB [REFERRED TO]
STATE OF RAJASTHAN VS. G CHAWLA [REFERRED TO]
MAHENDRA LAL JAINI VS. STATE OF UTTAR PRADESH [REFERRED TO]
MANGAL SINGH VS. UNION OF INDIA [REFERRED TO]
DEPUTY COMMISSIONER AND COLLEC TOR KAMRUP VS. DURGANATH SARMA [REFERRED TO]
UNION OF INDIA VS. P K ROY [REFERRED TO]
UNION OF INDIA VS. ANGLO AF GHAN AGENCIES CIVIL APPEALS NOS 973 TO 975 OF 1967 THE UNION OF INDIA IN ALL THE APPEALS APPELLANT V OM PRAKASH [REFERRED TO]
STATE OF GUJARAT VS. SHANTILAL MANGALDAS [REFERRED TO]
D A V COLLEGE BHATINDA VS. STATE OF PUNJAB [REFERRED TO]
BENNETT COLEMAN AND COMPANY THE HINDUSTAN TIMES LIMITED INDIAN EXPRESS MADURAI PRIVATE LIMITED G NARASIMHAN VS. UNION OF INDIA [REFERRED TO]
E P ROYAPPA VS. STATE OF TAMIL NADU [REFERRED TO]
AMARJIT SINGH AHLUWALIA VS. STATE OF PUNJAB [REFERRED TO]
HAR SHANKAR VS. DEPUTY EXCISE AND TAXATION COMMR [REFERRED TO]
SUKHDEV SINGH THE OIL AND NATURAL GAS COMMISSION THE L 1 C LIMITED THE INDUSTRIAL FINANCE CORPN EMPLOYEES ASSOCIATION VS. BHAGATRAM SARDAR SINGH RAGHUVANSHI:THE ASSOCIATION OF CLASS II OFFICERS 0 N G C:SHYAM LAL SHARMA:THE INDUSTRIAL FINANCE CORPN [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [REFERRED TO]
MOTILAL PADAMPAT SUGAR MILLS COMPANY LIMITED VS. STATE OF UTTAR PRADESH [REFERRED TO]
RAMANA DAYARAM SHETTY VS. INTERNATIONAL AIRPORT AUTHORITY OF INDIA [REFERRED TO]
MUNICIPAL COUNCIL RATLAM VS. VARDICHAN [REFERRED TO]
AZAD RICKSHAW PULLERS UNION REGD CH TOWN HALL AMRITSAR NANAK CHAND VS. STATE OF PUNJAB [REFERRED TO]
STATE OF HARYANA VS. KRISHNA RICE MILLS [REFERRED TO]
SOUTHERN PHARMACEUTICALS AND CHEMICALS TRICHUR P KRISHNA WARIYAR VS. STATE OF KERALA [REFERRED TO]
S P KAPOOR JIWAN LAL VS. STATE OF HIMACHAL PRADESH:STATE OF HIMACHAL PRADESH [REFERRED TO]
STATE OF MAHARASHTRA VS. NARAYAN SHAMRAO PURANIK [REFERRED TO]
DELHI CLOTH AND GENERAL MILLS COMPANY LIMITED ARVIND MILLS LIMITED MADHUSUDAN VEGETABLE PRODUCTS CO LIMITED MODI SPINNING AND WVG MILLS CO LIMITED GOETZE INDIA LIMITED VS. UNION OF INDIA [REFERRED TO]
BANDHUA MUKTI MORCHA VS. UNION OF INDIA [REFERRED TO]
HARSHARAN VERMA VS. CHARAN SINGH [REFERRED TO]
UNION OF INDIA VS. GODFREY PHILIPS INDIA LIMITED :INDIA TOBACCO COMPANY LIMITED :VAZIR SULTAN TOBACCO COMPANY LIMITED [REFERRED TO]
UNION OF INDIA VS. GODFREY PHILIPS INDIA LIMITED :INDIA TOBACCO COMPANY LIMITED :VAZIR SULTAN TOBACCO COMPANY LIMITED [REFERRED TO]
J R RAGHUPATHY K MALLIAH M PAMPAPATHAIAH VS. STATE OF ANDHRA PRADESH:S BAL REDDY:STATE OF ANDHRA PRADESH [REFERRED TO]
STATE OF KERALA VS. K G MADHAVAN PILLAI [REFERRED TO]
SUPREME COURT EMPLOYEES WELFARE AS SOCIATION SUPREME COURT FOURTH CLASS EM PLOYEES WELFARE ASSOCIATION S P JAIN VS. UNION OF INDIA [REFERRED TO]
COLLECTOR OF CENTRAL EXCISE CALCUTTA II COLLECTOR OF CENTRAL EXCISE BHUBANESHWAR VS. EASTEND PAPER INDUSTRIES LTD [REFERRED TO]
SYNTHETICS AND CHEMICALS LIMITED VS. STATE OF UTTAR PRADESH [REFERRED TO]
S M D KIRAN PASHA VS. GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]
VIJAY KUMAR SHARMA G ABAL ALI AND K MOIDEEN K C NAIK HASANABHA K S HEGDE VS. STATE OF KARNATAKA [REFERRED TO]
NAVJYOTI COOP GROUP HOUSING SOCIETY VS. UNION OF INDIA [REFERRED TO]
FOOD CORPORATION OF INDIA VS. KAMDHENU CATTLE FEED INDUSTRIES [REFERRED TO]
UNION OF INDIA BHILLAI ENGINEERING CORPORATION ANUP MALLEABLES BURN STANDARD CO TEXMACO CIMMCO TITAGARH STEELS VS. HINDUSTAN DEVELOPMENT CORPORATION:UNION OF INDIA [REFERRED TO]
SUPREME COURT ADVOCATES ON RECORD ASSOCIATION S P GUPTA VS. UNION OF INDIA [REFERRED TO]
GHAZIABAD DEVELOPMENT AUTHORITY STATE OF UTTAR PRADESH GHAZIABAD DEVELOPMENT AUTHORITY VS. DELHI AUTO AND GENERAL FINANCE PRIVATE LIMITED:DELHI AUTO AND GENERAL FINANCE PRIVATE LIMITED:MAHA MAYA GENERAL FINANCE COMPANY LIMITED [REFERRED TO]
HITENDRA VISHNU THAKUR VS. STATE OF MAHARASHTRA [REFERRED TO]
MADRAS CITY WINE MERCHANTS ASSOCIATION A J JOY RAMANATHAPURAM MADURAI DISTT LIQUOR DEALERS ASSOCIATION VS. STATE OF TAMIL NADU [REFERRED TO]
KASINKA TRADING VS. UNION OF INDIA [REFERRED TO]
M J SIVANI VS. STATE OF KARNATAKA [REFERRED TO]
ARVIND INDUSTRIES VIJAY OIL MILLS CO VS. STATE OF GUJARAT:ASSISTANT COMMISSIONER OF SALES TAX [REFERRED TO]
C CHENGA REDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
STATE OF UTTAR PRADESH VS. BRIDGE AND ROOF COMPANY INDIA LIMITED [REFERRED TO]
STATE OF BIHAR VS. BIHAR DISTILLERY LIMITED [REFERRED TO]
M C MEHTA VS. KAMAL NATH [REFERRED TO]
L CHANDRA KUMAR VS. UNION OF INDIA [REFERRED TO]
M P OIL EXTRACTION K N OIL INDUSTRIES VS. STATE OF MADHYA PRADESH [REFERRED TO]
PAWAN ALLOYS AND CASTING PVT LIMITED MEERUT VS. U P STATE ELECTRICITY BOARD [REFERRED TO]
SALES TAX OFFICER VS. SHREEDURGA OIL MILLS [REFERRED TO]
VINEETNARAIN VS. UNION OF INDIA [REFERRED TO]
NATIONAL BUILDINGS CONSTRUCTION CORPORATION NATIONAL BUILDINGS CONSTRUCTION CORPORATION VS. S RAGHUNATHAN:S P SINGH [REFERRED TO]
PUNJAB COMMUNICATIONS LIMITED VS. UNION OF INDIA [REFERRED TO]
M I BUILDERS PVT LIMITED VS. RADHEY SHYAM SAHU [REFERRED TO]
INDIA THERMAL POWER LIMITED VS. STATE OF MADHYA PRADESH [REFERRED TO]
KERALA STATE ELECTRICITY BOARD VS. KURIEN E KALATHIL [REFERRED TO]
PATANGRAO KADAM VS. PRITHAVIRAJ SAYAJIRAO YADAV DESHMUKH [REFERRED TO]
S R CHAUDHARY VS. STATE OF PUNJAB [REFERRED TO]
P H PANDIAN VS. P VELDURAI [REFERRED TO]
SHARMA TRANSORT REP VS. GOVERNMENT OF ANDHRA PRADESH [REFERRED TO]
STATE OF HARYANA VS. STATE OF PUNJAB [REFERRED TO]
KOLUTHARA EXPORTS LIMITED VS. STATE OF KERALA [REFERRED TO]
UNION OF INDIA VS. SHAH GOVERDHAN L KABRA TEACHERS COLLEGE [REFERRED TO]
ONKAR LAL BAJAJ VS. UNION OF INDIA [REFERRED TO]
STATE OF MAHARASHTRA VS. JALGAON MUNICIPAL COUNCIL [REFERRED TO]
J P BANSAL VS. STATE OF RAJASTHAN [REFERRED TO]
UNION OF INDIA VS. INTERNATIONAL TRADING COMPANY [REFERRED TO]
KAPILA HINGORANI VS. STATE OF BIHAR [REFERRED TO]
ISLAMIC ACADEMY OF EDUCATION VS. STATE OF KARNATAKA [REFERRED TO]
BAHADUR SINGH LAKHNBHAI GOHIL VS. JAGDISHBHAI M KAMALIA [REFERRED TO]
BHAGAT HYDRO POWER CORPORATION LIMITED VS. STATE OF ASSAM [REFERRED TO]
HIRA TIKKOO VS. UNION TERRITORY CHANDIGARH [REFERRED TO]
STATE OF UTTAR PRADESH VS. JOHRI MAL [REFERRED TO]
STATE REP VS. N M T JOY IMMACULATE [REFERRED TO]
STATE OF PUNJAB VS. NESTLE INDIA LIMITED [REFERRED TO]
STATE OF RAJASTHAN VS. J K UDAIPUR UDYOG LIMITED [REFERRED TO]
JAMSHED N GUZDAR VS. STATE OF MAHARASHTRA [REFERRED TO]
MULLAPERIYAR ENVIRONMENTAL PROTECTION FORUM VS. UNION OF INDIA [REFERRED TO]
MAHABIR VEGETABLE OILS PVT LTD VS. STATE OF HARYANA [REFERRED TO]
STATE OF KARNATAKA VS. ALL INDIA MANUFACTURERS ORGANIZATION [REFERRED TO]
JAI NARAIN PARASURAMPURIA VS. PUSHPA DEVI SARAF [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. LAXMI NARAIN DHUT [REFERRED TO]
MUNICIPAL COMMITTEE PATIALA VS. MODEL TOWN RESIDENTS ASSON [REFERRED TO]
U P POWER CORPORATION LTD VS. SANT STEELS AND ALLOYS P LTD [REFERRED TO]
PIMPRI CHINCHWAD MUNICIPAL CORPORATION VS. GAYATRI CONSTRUCTION COMPANY [REFERRED TO]
SOORARAM PRATAP REDDY VS. DISTRICT COLLECTOR [REFERRED TO]
SETHI AUTO SERVICE STATION VS. DELHI DEVELOPMENT AUTHORITY [REFERRED TO]
A ABDUL FAROOK VS. MUNICIPAL COUNCIL PERAMBALUR [REFERRED TO]
INDIAN OIL CORPORATION LTD VS. RAJA TRANSPORT P LTD [REFERRED TO]
ZENIT MATAPLAST P LTD VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE OF BIHAR VS. KALYANPUR CEMENTS LTD [REFERRED TO]
ZAMEER AHMED LATIFUR REHMAN SHEIKH VS. STATE OF MAHARASHTRA [REFERRED TO]
TRANSMISSION CORPORATION OF ANDHRA PRADESH LTD VS. SAI RENEWABLE POWER PVT LTD [REFERRED TO]
ZONAL MANAGER VS. DEVI ISPAT LTD [REFERRED TO]
SHREE SIDHBALI STEELS LTD VS. STATE OF U P [REFERRED TO]
STATE OF TAMIL NADU VS. K SHYAM SUNDER [REFERRED TO]
ROYAL ORCHID HOTELS LIMITED VS. G JAYARAMA REDDY [REFERRED TO]
MONNET ISPAT AND ENERGY LTD VS. UNION OF INDIA [REFERRED TO]
TUKARAM KANA JOSHI VS. M.I.D.C [REFERRED TO]
MARY VS. STATE OF KERALA [REFERRED TO]
CENTRAL ELECTRICITY SUPPLY VS. DHOBEI SAHOO [REFERRED TO]
MANOHAR LAL SHARMA VS. PRINCIPAL SECRETARY [REFERRED TO]
M/S S.V.A. STEEL RE-ROLLING MILLS LTD. VS. STATE OF KERALA [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. VATIKA TOWNSHIP PRIVATE LIMITED [REFERRED TO]
STATE OF HARYANA VS. EROS CITY DEVELOPERS PVT. LTD. AND OTHERS [REFERRED TO]
M/S MANUELSONS HOTELS PRIVATE LIMITED VS. STATE OF KERALA & OTHERS [REFERRED TO]
UDDAR GAGAN PROPERTIES LTD VS. SANT SINGH & ORS [REFERRED TO]
ANITA KUSHWAHA VS. PUSHAP SUDAN [REFERRED TO]
BIMOLANGSHU ROY (DEAD) THROUGH LRS VS. STATE OF ASSAM & ANOTHER [REFERRED TO]
SHAYARA BANO VS. UNION OF INDIA AND OTHERS [REFERRED TO]
JUSTICE K. S. PUTTASWAMY (RETD) VS. UNION OF INDIA [REFERRED TO]
JOSEPH SHINE VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. UNICORN INDUSTRIES [REFERRED TO]
KERALA STATE BEVERAGES (M AND M) CORPORATION LIMITED VS. P. P. SURESH [REFERRED TO]
THE STATE OF JHARKHAND AND ORS VS. BRAHMPUTRA METALLICS LTD., RANCHI AND ANR [REFERRED TO]
DEPUTY COMMISSIONER OF INCOME TAX VS. PEPSI FOODS LTD. (NOW PEPSICO INDIA HOLDINGS PVT. LTD.) [REFERRED TO]
HARBANS SINGH VS. SHANTI DEVI [REFERRED TO]
ANDHRA PRADESH POWER DIPLOMA ENGINEER S ASSOCIATION VS. ANDHRA PRADESH STATE ELECTRICITY BOARD [REFERRED TO]
GOVERNMENT OF ANDHRA PRADESH VS. MEDWIN EDUCATIONAL SOCIETY [REFERRED TO]
RAMANAMA SANKIRTHANA SANGHAM VS. GOVERNMENT OF A P [REFERRED TO]


JUDGEMENT

- (1.) The tussle between poor land owners who allegedly sacrificed their livelihood by surrendering their agricultural land in the Land Pooling Scheme for development of capital city and capital region with mighty Government who failed to undertake development of infrastructure, capital city, capital region, failed to handover developed reconstituted plots as agreed in Development Agreement- cum-Irrevocable General Power of Attorney in Form No.9.14, lead to filing of batch of writ petitions on different grounds. As the reliefs claimed in all the writ petitions, plea of the petitioners and respondents are almost one and the same, we find that it is expedient to dispose of all these writ petitions by common order, treating W.P.No.13203 of 2020 as leading case.
(2.) W.P.No.13203 of 2020 is filed under Article 226 of the Constitution of India, claiming the following relief(s): To issue writ of mandamus - a. declaring that the State of Andhra Pradesh has no legislative competence to change the Capital of the State or to denude Amaravati from being the city of three civic wings of the State including the Legislature, Executive and the Judiciary; b. declare that the Andhra Pradesh Capital Region Development Repeal Act, 2020, is ultra vires to Articles 3, 4, 14, 19, 21, 197, 174, Parts IX and IXA, Article 300-A of the Constitution of India r/w Ss. 5, 31(2) and 94 of the A.P State Reorganisation Act, 2014 and consequently declare it to be null and void; c. declare that the Andhra Pradesh Decentralisation and Inclusivement of All Regions Act, 2020 is ultra vires Articles 3, 4, 14, 19, 21, 197, 174, Parts IX and IXA, Article 300-A of the Constitution of India r/w Ss. 5, 31(2) and 94 of the A.P State Reorganisation Act, 2014 and consequently declare it to be null and void d. declare the report of the High Powered Committee dtd. 17/1/2020 as being bad in law and ultra vires of Articles 14 and 21 of the Constitution of India; e. direct the Respondents to forthwith forbear from acting pursuant to or in furtherance of the report of the High Powered Committee dtd. 17/1/2020 directing the Respondents to forthwith forbear from shifting any of the offices of the 3 civic wings of the State including but not limited to the Raj Bhavan, Chief Ministers Camp Office offices of the Secretariat Heads of Departments of the Government Police Department State Corporations State Government Offices and Officers from their current locations in and around Amaravati and from trifurcating the Capital for a period of 30 years or such time as this Honble Court deems fit and proper in the circumstances of the case f. direct the Respondents to implement the Master Plan as notified on 23/6/2016 under Sec. 39 of the Andhra Pradesh Capital Region Development Authority Act, 2014, including by constructing the necessary buildings and housing the offices of the 3 civic wings of the State Government including the Executive Judiciary and Legislature in Amaravati.
(3.) During arguments, learned Advocate General for the State informed that the Andhra Pradesh Capital Region Development Authority Repeal Act, 2020 (Act No. 27 of 2020) and The Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020 (Act No.28 of 2020) are likely to be withdrawn and at his request, it was adjourned. Later, these Act Nos.27 & 28 of 2020 were repealed by the State Legislature, an affidavit and additional affidavits to that effect are filed by the Principal Secretary and Additional Secretary of Municipal Administration & Urban Development Department and they are taken on file. Copy of Repeal Act i.e. Act No.11 of 2021 is also placed on record. Thus, Act No. 27 of 2020 and Act No.28 of 2020 were repealed, while restoring the Andhra Pradesh Capital Region Development Authority Act, 2014 (Act No.11 of 2020). In the affidavits, the Principal Secretary and Additional Secretary of Municipal Administration & Urban Development Department asserted about the development activities being taken up by the authorities.;


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