Andhra Pradesh HC directs the Government to file an Affidavit on the Capital Shifting decision

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The State Government had decided to shift executive capital from Amravati to Visakhapatnam. Thereby, Amaravati Parirakshana Samiti secretary filed a PIL against the decision of Government. 

Andhra Pradesh High Court directed the State Government to file an affidavit. The Government will have to file an affidavit stating its position within 10 days. 

Contentions of the Petitioner 

Petitioner argued that the government decided to shift capital to 3 different locations. It was contended that the Government did so in the name of ‘decentralisation of administration’. A full Bench of Court asked the Advocate General (A.G) to respond to the petitioner’s argument. The Bench consisted of CJ J.K. Maheswari and Justices A.V. Sesha Sai and Justice M. Satyanarayana Murthy. Petitioner alleged that the government was making arrangements to shift capital by May end.

Prayer of the Petitioner 

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The petitioner appealed the Court to declare the shifting of executive capital as arbitrary. He appealed to declare it as violative of enforceable promises made by the previous Government. He urged the Court to give directions to the Central government.  Thereby to not cause any financial loss to the State Exchequer in this direction. The plea contains that existing infrastructure will go waste. Also, the cancellation of infrastructure projects will cause financial loss. 

Contentions of the Respondent 

Advocate General said that Bills related to capital shift are still pending. Thus, the Government will not shift the capital city until the legislature passes the pending Bill.  He further stated that the State Legislature passed some other Bills in January 2020. But the Council has referred it to a select committee.

Court’s Order 

Petitioner’s Counsel pointed out a statement made by Rajya Sabha member Vijaysai Reddy. He contended that Reddy’s statement proved the government’s intention of shifting capital. The bench directed the Advocate General to file an affidavit. He has to respond to the statements made by Vijaysai Reddy in this regard.


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