The two-member constitution bench of the Supreme Court on Monday posted the Amaravati and other cases for hearing on November 28. The bench told the advocates that it would hear the State government’s petition and the Amaravati farmers’ petition separately.
The state government had filed a special leave petition in the Supreme Court challenging the AP high court judgement which said that the state legislature is not competent authority to make laws on the capital city.
The advocates for the state government told the bench that the high court’s observations question the federal spirit of the country, where the states are vested with certain powers. The advocates also sought to remind the bench that the Central government on several occasions in the past had categorically stated that the right of having a capital is solely left to the respective state governments.
The advocate for the state government also told the court that the high court had directed the state government to develop plots to be given to the farmers in three months and build the capital city in six months, which were impractical.
The advocates also told the court that the Amaravati farmers have filed a contempt case against the state government for not implementing the high court orders and wanted a stay to be issued.
The advocate for the state government also contested that the AP high court had heard the case even after the government withdrew the bills related to the decentralisation of capitals. The advocate complained that the high court had given a judgment on the laws which were not in existence in the state.
On hearing all these, the bench consisting of Justice K M Joseph and Justice Hrishikesh Roy said that there would not be any action from the high court as the cases are being heard in the Supreme Court. The bench also told all the petitioners involved in the cases that it would hear the cases separately from November 28.
