Andhra Pradesh High Court - Amravati
Idupulapati Rambabu vs Unknown on 2 November, 2020
Author: Jitendra Kumar Maheshwari
Bench: Jitendra Kumar Maheshwari
[ 3262 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI | (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY :PRESENT: | THE HONOURABLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWARI THE HONOURABLE SRI JUSTICE RAKESH KUMAR AND THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY |.A.NO.1 OF 2020 IN W.P.NO.15094 OF 2020 Between: 1. Idupulapati Rambabu, S/o. Bhadraiah, aged 57 years, R/o. D.No.6-21, Gacchu Center, 1st ward, Mandadam Village, Thullur Mandal, Guntur District. 2. Nayudu Ramakrishna, S/o. Subbalah, aged 54 years, R/o. D.No.2-7, Velagapudi Village, Thuliur Mandal, Guntur District. 3. Jonnalagadda Suresh, S/o Prakasharao, aged 43 years, R/o. D.No.1-40, Velagapudi Village, Thullur Mandal, Guntur District. 4. Alluri Gandhi Babu, S/o. Bavannarayana, aged 66 years, R/o. D.No.1-4, - Mandadam Village, Thullur Mandal, Guntur District. Petitioners 4. Union of India, Represented by Secretary, Ministry of Home Affairs, Jai Singh Marg, Hanuman Road Area, Connaught Place, New Delhi, Delhi- 110001. Email ID- jscpg-mhanic.in 2. The Secretary, Niti Ayog, Government of India, Sansadmarg, Sansadmarg Area, New delhi, Delhi-110001. 3 The State of Andhra Pradesh, Represented by its Chief Secretary, Secretariat Complex, Velagapudi, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email !D- csap.gov.in | 4. The Special Chief Secretary, General Administration Department, State of Andhra Pradesh, Secretariat Complex, Velagapudi, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email !D- Prissey-gpmar- [email protected] 5. The Secretary, Legal and Legislative Affairs and Justice, Law Department, The State of Andhra Pradesh Secretariat Complex, Velagapudi, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email ID- sect' [email protected] 6. The Secretary, A.P.Legislature Secretariat, Department of Legislative Affairs, Secretariat Complex, Velagapudi, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email ID- [email protected] 7. The Principal Secretary, Roads and Buildings Department, Secretariat Complex, Velagapudi, Thulluru Mandal, Guntur District, Andhra Pradesh- 522503. Email !D- [email protected] 8. The Principal Secretary, Finance and Planning Department, The State of Andhra Pradesh, Secretariat Complex, Velagapudi, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email ID- [email protected] 9. The Principal Secretary, Municipal Administration and Urban Development, The State of Andhra Pradesh, Secretariat Complex, Velagapudi, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email ID- ps.apmaudgmail.com 10.Sri. Y. S. Jagan Mohan Reddy, Honourable Chief Minister of Andhra Pradesh, R/o. 1st Floor, Building-l, Velagapudi Village, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email ID [email protected] 11.Sri Botcha Satyanarayana, Minister for Municipal Administration and Urban Development, O/o.. Room No. 135, Ground Floor, Building No. 2, Velagapudi , Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email- [email protected] 12.Sri Buggana Rajenranath Reddy, Ministrer for Finance and Planning, Office at- Ground Floor, Building No. 2, Velagapudi, Thulluru Mandal, Guntur District, Adhra Pradesh-522503. Email ID- [email protected] 13. Directorate of Economics and Statistics, Government of Andhra Pradesh, Vasudha Sheltars "A" Block, 1* Floor, LIC Colony Adda Road, Gollapudi, Vijayawada Rural Mandal -- 521225. R-13 impleaded as respondent vide orders passed in I.A.No.7 of 2020 in W.P.No.15094 of 2020 Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant an order or writ, more particularly one in the nature of writ of Mandamus decliaring- i. that the State of Andhra Pradesh had no legislative competence in enacting Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020 il. that the Andhra Pradesh Decentralisation and Inclusive Development of All Regions Act, 2020 is manifestly arbitrary and hence, violative of Article 14 of the Constitution of India and consequentially pass an order- a. declaring that the Andhra Pradesh Capital Region Development Authority Repeal Act, 2020 is violative of the Right to Life and Livelihood and hence, violative of Articles 21, 197 and 300 A of the Constitution of India and consequently declare it null and void b. declaring that the Andhra Pradesh Decentralisation and _ Inclusive Development of All Regions Act, 2020 is violative of Articles 197 and 300A of the Constitution of India and consequently declare it null and void; C. declaring that the G.N. Rao Committee Report, dated 20.12.2019, High Powered Committee Report, dated 17.01.2020, and Boston Consulting Group Report 03.01.2020 were rendered in violation of Articles 14 and 21 of the Constitution of India and declare all acts pursuant to the said Report as null and void; IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to not to carry any construction and development in Visakhapatnam and Kurnool like the development of AP State Guest House at Grey Hound Hill, Visakhapatnam, Andhra Pradesh, pending disposal of Writ Petition 15094 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court, dated 27.08.2020, 21.09.2020 & 06.10.2020 made herein upon hearing the arguments of Sri Nidesh Gupta, learned Senior Counsel representing for Ms.S.Pranathi Advocate for the petitioners, SRILNIHARINATH, learned Assistant Solicitor General for Respondent Nos.1 & 2, and of the Sri Rakesh Dwivedi, learned senior counsel / Advocate General to the Respondents / for the State for Respondent No.3 to 9 & 13, the Court made the following: ORDER:
1.A.No.1 of 2020 IN W.P No.15094 of 2020 is filed seeking the following relief:
"To direct the Respondents to not to carry any construction and development in Visakhapatnam and Kurnool like the development of A.P. State Guest House at Grey Hound Hill, Visakhapatnam, Andhra Pradesh, pending disposal of the above writ petition."
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° ORDER:
This Interlocutory Application is filed claiming the above relief on the apprehension that the State proposed to construct guest house in an extent of Ac.30-00 consisting of more than 300 rooms and in the guise of construction of guest house, the State proposed to build/construct Executive Capital and in the event of permitting the State to proceed with construction of such huge complex in the name of State Guest House, it will cause substantial loss to the public at large and requested to issue a direction as stated above.
2. Interim order was passed by the Full Bench of this Court in W.P.Nos.13203, 13204, 13205 and 13206 of 2020 dated 04.08.2020, whereunder, this Court directed the respondents to maintain status quo as on date. Later, Sri Nidesh Gupta, learned Senior Counsel appearing for the petitioners complained that the government issued bid documents for construction of guest house in Visakhapatnam in an extent of Ac.30-00 and such construction is nothing but disobeying and circumventing the orders of this Court.
3. Considering the representation of Sri Nidesh Gupta, learned senior counsel for the petitioners, this: Court directed to file counter affidavit in the writ petition and the Chief Secretary of the State was also directed to file an affidavit stating that construction of the said guest a house is not with a view to establish executive capital at Visakhapatnam and such action is not in violation of the order of this Court.
4. In pursuance of the direction issued by this Court on 27.08.2020, the learned Advocate General for the State filed an affidavit along with annexures, inter alia, contending that the understanding of the petitioner in regard to the nature of the process undertaken by the High Power Committee and the process initiated by the erstwhile CRDA in this regard is factually incorrect and consequential contention urged by the petitioner of the impugned legislations lacking the presumption of the constitutionality is equally without any substance. The learned Advocate General raised several contentions with regard to legislative competency etc, which are not relevant for deciding the present issue.
5. The Chief Secretary, State of Andhra Pradesh filed separate counter affidavit, annexing several documents, to justify the requirement to construct State Guest House at Visakhapatnam. But the relevant allegations with regard to construction of guest house at Visakhapatnam are as follows:
"In relation to Visakhapatnam, the Request for proposal which has been filed as a part of the material papers by the petitioner is in relation to Comprehensive Architectural Services and Project Management Consultancy Services notified by the advertisement was for submission of a Detailed Project Report. The construction of the State Guest House is independent of the issue, whether the city of Visakhapatnam eventually operates in terms of the "
provisions contained in the impugned legislation in Act.28/ 2020. Whether or not the capital gets effectuated in Visakhapatnam in pursuance of the impugned Act No.28/2020, the Guest Houses, not only in Visakhapatnam but also in Tirupati, Vyayawada and Kakinada are proposed to be constructed for the reasons contained in the background documents. Further the National Building Construction Corporation have been entrusted with the Project Implementation Consultancy Services for the construction of State Guest House project at three locations - Vijayawada, Kakinada and Visakhapatnam.
Further, the National Building Construction Corporation as entrusted with the Project Implementation Consultancy Services for construction of State Guest House projects at Vijayawada, Kakinada and Visakhapatnam."
6. It is submitted in the counter affidavit that, the attempt of the petitioner to stall all works in the entire State of Andhra Pradesh on the pretext and in pursuance of writ petitions filed before the Hon'ble Court is aimed at hampering the routine administrative decisions and activity of the Government, which is a consequence of repeated abuse of process of this Court, based on unverified and unsubstantiated information, is reprehensible.
7. It is further submitted in the counter affidavit by the Chief Secretary, Government of Andhra Pradesh, that, the project is in relation to construction of State Guest Houses at Visakhapatnam, Tirupati, Vijayawada and Kakinada and is independent of the development of the capital, as proposed under Act 28 of 2020. Having filed a draft request for proposal as material paper, the petitioner ought not to have to \ mislead this Court by stating that construction activity has started. National Building Construction Corporation has been entrusted with the Project Implementation Consultancy and the same will be taken in due course of time. It is further submitted that, the petitioner has approached this Court with half-truths and baseless allegations without even filing all the relevant documents, only with an intention to prejudice this Court. Therefore, there is no violation of the order of this Court and the contention of the petitioner that construction has commenced and the same is in violation and contempt of the order of this Court dated 04.08.2020 is false and requested to vacate the interim order of status quo passed by Full Bench of this Court in W.P.Nos.13203, 13204, 13205 and 13206 of 2020 dated 04.08.2020, to the extent, it relates to the guest house at Visakhapatnam.
8, The petitioners filed rejoinder annexing copy of G.O.Rt.No.1353 General Administration (PRO.B) Department dated 27.08.2020, contending that, mere statement does not suffice, rather it is imperative that this Court looks through the cloak of obfuscation erected by the State to hide their true intention of developing infrastructure in furtherance of trifurcated capital and frustrate the orders of this Court. It is further submitted that, the justification submitted before this Court in form of receipts only pertain to Tirupati and Chittoor and no material is provided justifying the proposal by the State to divert 30 acres of land in Visakhapatnam to build a grandiose infrastructure, wherein such lavish exuberance shown which is quite in contradiction to a small guest house which is sought to be established at Kakinada. It is pointed out that by virtue of G.O.Rt.No.1087 dated 02.07.2020, State Guest Houses were sought to be constructed at Tirupati, Vijayawada, Visakhapatnam and Kakinada. The justification submitted before this Court in the form of receipts only pertain to Tirupati and Chittoor. They have not been able to identify any relevance of the same with respect to need for a disproportionally larger guest house at Visakhapatnam. The absurdity of expenses is apparent from the fact that there are bills pertaining to purchase of Tea and Filter coffee produced at page nos.27 and 29 of the counter affidavit. This is only an attempt to trivialize the audacious attempt by the State to act contrary to the spirit of the orders passed by this Court and in utter disregard to the sanctity of the orders passed herein.
9. It is further submitted that, it is logical that dignitaries such as Hon'ble President of India, Hon'ble Vice President, Hon'ble Prime Minister, Hon'ble Chief Justice of India and other dignitaries visit Capital City or tourist destinations such as Tirupati. It is required in such circumstances for the State to strictly prove that the movement of dignitaries would significantly increase in Visakhapatnam, which they plan to make as EC. It is only with such motives that an elaborate infrastructure build up is proposed. The aforesaid notification to build such infrastructure was notified post the enactment of the impugned legislations, therefore, in all probabilities, it is reasonable to conclude that the reason behind building such grand infrastructure is trifurcation of the Capital and finally requested to continue the interim order granting status quo by the Full Bench of this Court in W.P.Nos.13203, 13204, 13205 and 13206 of 2020 dated 04.08.2020.
10. During hearing, learned counsel for the petitioner demonstrated that providing accommodation to the visitors at Visakhapatnam is not supported by any material and the material produced along with this petition is pertaining to different places. The apprehension of the learned counsel for the petitioner that, in the guise of construction of guest house, the State Government intended to accommodate the entire secretariat in the same guest house. Therefore, requested to direct the respondents to maintain status quo, as ordered by this Court.
11. Whereas, learned Advocate General for the State also contended that, the contention of the petitioner that Rashtrapati Bhavan at New Delhi is in an extent of Ac.4-00 consisting of more than 300 rooms, whereas, the respondents proposed to construct a building in Ac.30-00 consisting of more than 300 rooms and such guest house is not required for the present, such contention is not based on any plea in the petition and it is a subsequent invention, as such needs to be rejected. .
1012. Learned Advocate General further contends that normal developmental activities must go on in Visakhapatnam to provide facilities to the public in Visakhapatnam and this Court cannot prevent the State from proceeding with the necessary works for public utility.
13. After hearing learned counsel appearing on behalf of the parties and looking to the facts and material brought on record, it is apparent that plan of construction of the guest house has not yet been prepared. It is only 30 acres of land that has been sanctioned for construction of the guest house in Visakhapatnam. Along with the counter-affidavit, sanction of amount and proposed plan for the proposed Visakhapatnam guest house has not been filed for perusal, alike the plan of other guest house.
14. The order of status quo has already been passed by the Full Bench on 04.08.2020 in connected writ petitions, so far as it relates to the shifting of capital is concerned, against which Hon'ble the Supreme Court has declined to interfere in 8.L.P..In that view of the matter, any developmental activities with respect to the capital and shifting of the capital is concerned, are stayed for all practical purposes. But, looking to the fact that even plan has not been prepared,. sanctioning the amount, we modify the order of status quo dated 04.08.2020 regarding construction of the guest house at Visakhapatnam and direct that the State is at liberty to prepare the plan and submit the same before this 11 Court. Thereafter, petitioners would be at liberty to apply afresh seeking stay in view of status quo order. It is further clarified that any developmental activity/work in Visakhapatnam city, except development/ construction proposed for accommodating the executive capital thereat, may be continued by the State Government.
15. With these observations, I.A.No.1 of 2020 in W.P.No.15094 of 2020 stands disposed of. t Sd/-K. TATARAO.
ASSISTANT REGIS PRAR //TRUE COPY// sy for ASSISTANT REGISTRAR To,
1. The Secretary, Ministry of Home Affairs,Union of India, Jai Singh Marg, Hanuman Road Area, Connaught Place, New Delhi, Delhi-110001. Email ID- jscpg-mhanic.in
2. The Secretary, Niti Ayog, Government of India, Sansadmarg, Sansadmarg Area, New delhi, Delhi-110001. .
3. The State of Andhra Pradesh, Represented by its Chief Secretary, Secretariat Complex, Velagapudi, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email ID- csap.gov.in
4. The Special Chief Secretary, General Administration Department, State of Andhra Pradesh, Secretariat Complex, Velagapudi, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email ID- [email protected]
5. The Secretary, Legal and Legislative Affairs and Justice, Law Department, The State of Andhra Pradesh Secretariat Complex, Velagapudi, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email ID- sect' [email protected]
6. The Secretary, A.P.Legislature Secretariat, Department of Legislative Affairs, Secretariat Complex, Velagapudi, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email ID- [email protected]
7. The Principal Secretary, Roads and Buildings Department, Secretariat Complex, Velagapudi, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email ID- [email protected]
8. The Principal Secretary, Finance and Planning Department, The State of Andhra Pradesh, Secretariat Complex, Velagapudi, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email ID- [email protected]
9. The Principal Secretary, Municipal Administration and Urban Development, The State of Andhra Pradesh, Secretariat Complex, Velagapudi, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email ID- ps.apmaudgmail.com
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12. Sri. Y. S. Jagan Mohan Reddy, Honourable Chief Minister of Andhra Pradesh, R/o. 1st Floor, Building-l, Velagapudi Village, Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email ID [email protected] Sri Botcha Satyanarayana, Minister for Municipal Administration and Urban Development, O/o.. Room No. 135, Ground Floor, Building No. 2, Velagapudi , Thulluru Mandal, Guntur District, Andhra Pradesh-522503. Email- [email protected] Sri Buggana Rajenranath Reddy, Ministrer for Finance and Planning, Office at- Ground Floor, Building No. 2, Velagapudi, Thulluru Mandal, Guntur District, Adhra Pradesh-522503. Email ID- [email protected] The Directorate of Economics and Statistics, Government of Andhra Pradesh, Vasudha Sheltars "A" Block, 1® Floor, LIC Colony Adda Road, Gollapudi, Vijayawada Rural Mandal --- 521225.
One CC to SRILN.HARINATH, ASSISTANT SOLICITOR GENERAL (OPUC) One CC to Sri T.Niranjan, standing counsel for the Accountant General, One CC to Sri Unnam Muralidhar Rao, Standing Counsel (OPUC) One CC to Smt.S.Pranathi, Advocate (OPUC) Two CCS to The Advocate General, High Court of A.P.(OUT) Three Spare Copies.
SRL HIGH COURT HCJ, RKJ & MSMJ DATED:02/11/2020 ORDER W.P.No. 15094 of 2020 DISPOSED
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