The State government has filed a Special Leave Petition (SLP) in the Supreme Court appealing for a stay on the order for status quo issued by the High Court on the implementation of Decentralisation and Inclusive Development of All Regions Act and the CRDA Repeal Act.
Mahfooz A. Nazki, Andhra Pradesh government’s advocate-on-record in the apex court, stated in the petition that the High Court has stayed the operation of the two legislations without even a prima facie examination of their Constitutional validity.
He further said the High Court’s observation that it granted status quo upon a request made by the petitioner (Rajadhani Rythu Parirakshana Samiti) is unsustainable. Besides, the farmers were not able to demonstrate any irreparable loss that would be caused by the Acts.
It has also been contended that the rights of the farmers have been protected under the CRDA Repeal Act, thus, no cause of action has arisen in their favour.
The High Court order is contrary to the well settled principle of law that there is always a strong presumption in favour of the Constitutionality of a statute and the burden lies on those who attack it, to show that there has been a transgression of Constitutional principles, Mr. Nazki affirmed.
On the legal aspects, he insisted that the above Acts not only give effect to decentralised development of the State but are also an expression of the will of the Legislature based on the report of the High Power Committee which acted in furtherance of the recommendations made by the Sivaramakrishnan and G.N. Rao Committees and Boston Consulting Group.
