The Andhra Pradesh High Court on Tuesday refused to issue interim orders granting a stay on the implementation of GO No. 45 of the Jagan Mohan Reddy government that allotted house sites for the poor in Amaravati.
In response to a petition filed by a farmer from Amaravati challenging the government order, the high court bench said it cannot interfere with the policy decision of the government at this stage.
The bench posted the case for further hearing on April 19 and asked the state government and the AP Capital Region Development Authority (APCRDA) to file a counter by then.
Senior Supreme Court advocate Devadutt Kamat and high court advocates Anjaneyulu and Unnam Muralidhar, arguing for the Amaravati farmers, said that the creation of a residential zone (R-5) within the Amaravati capital region for weaker section housing programmes was illegal.
They pointed out that the high court had earlier given a judgment stating that the lands earmarked for capital development should not be used for other purposes. The present GO was in violation of the earlier high court judgment, the lawyers said.
The high court bench said that since the issue was already in the Supreme Court, the petitioners could approach the apex court. It wondered how the courts could stall the developmental and welfare programs of the government.
The lawyers for the petitioners said that they were only talking about the lands of Amaravati and not elsewhere. They argued that it was not proper to give rights to a third party on the capital lands.