The Andhra Pradesh High Court (HC) issued a stay on the construction of houses for Economically Weaker Sections (EWS) in the R-5 zone in Amaravati. A full Bench comprising Justices D.V.S.S. Somayajulu, Cheekati Manavendranath Roy and Ravinath Tilhari gave an interim order to that effect on Thursday.
They stated in the order that the question of inducting people from outside the district (Guntur) is firstly a debatable issue and that modifications to the Amaravati master plan and the AP Metropolitan Region and Urban Development Authorities Act related to affordable housing plots is the subject matter of a judicial challenge.
Further, they said the AP Capital Region Development Authority has not complied with the relevant Land Pooling Scheme (LPS) Rules and certain regulations related to the allotment of the land (in R-5 zone) to the Revenue Department.
Apart from that, the court observed that it cannot remain as a mute spectator to the spending of an enormous amount of public funds in a matter which is admittedly subject to the final outcome of the writ petitions/SLPs, and to the prospect of such spent money not being recouped.
It has also been stated that the right to life/livelihood of farmers is involved in these matters and the same was noticed in the ‘Amaravati Judgment’ dated March 3, 2022 and that the legal issue of a ‘mandamus’ being taken away by legislative actions is also a factor that weighed on the court as per the judgments of the Supreme Court.
Since these are all seriously debatable issues which require a full-fledged hearing and the right of the State to alter the plans/schemes etc. are inextricably linked to the rights of the farmers and implications of the Amaravati judgment on the development of the capital city, a stay is in everybody’s interest, the order said.
It may be noted that the HC reserved the verdict on EWS housing in the R-5 zone on July 22 after hearing a batch of interlocutory applications that objected to the carrying out of works for constructing the houses during the pendency of a batch of writ petitions filed by the farmers.
Two days later i.e. on July 24, Chief Minister Y.S. Jagan Mohan Reddy laid the foundation for the houses at Krishnayapalem.
The allotment of house sites and construction of houses for beneficiaries from other parts of Guntur and NTR districts in the R-5 zone and the validity of creation of the zone itself were challenged by farmers. Their basic argument has been that the lands constituting R-5 zone are meant for development of the capital city and no other activity could be undertaken there.
