Issue of collecting parking fee from the vehicles in Multiplex Malls and other commercial complexes is resolved.
Citations: [
Other Source links:
Month: April 2020
Yashita Sahu Vs State of Rajasthan on 20 January 2020
Father given custody of minor girl-child.
Citations: AIR 2020 SC 577
Other Source links:
https://indiankanoon.org/doc/144083733/
https://www.casemine.com/judgement/in/5e2585f53321bc6def498ecc
https://www.reddyandreddy.org/parent-who-is-denied-custody-still-has-the-right-to-talk-to-the-child-everyday/
AP Capital Region Development Authority Repeal Act, 2020
This is the Bill passed in AP Assembly to repeal the AP CRDA Act 2014. This one got stalled in the Legislative Council (Upper House of AP Legislature).
The twin for the above Bill is here.
AP Decentralization and Inclusive Development of All Regions Act, 2020
This is the Andhra Pradesh Decentralization and Inclusive Development of All Regions Bill, 2020 that got passed in Legislative Assembly of A.P. but fortunately got stalled in the Legislative Council (Upper House of AP Legislature).
The twin for the above Bill is here.
Formation of High Court of Andhra Pradesh at Amaravati from 01 January 2019
Finally, a separate High Court was formed for the State of Andhra Pradesh by the following gazette notification by the President of India. This started functioning from 01 January 2019 at Nelapadu, Amaravati, the capital city of Sunrise State, Andhra Pradesh
All High Courts here.
Andhra Pradesh may have three capitals
Here is a small time line on the events
On 13-Sep-2019
An expert committee was constituted (through G.O.Rt. No. 585 dated September 13, 2019) for reviewing the development strategy for Capital city (Amaravati).
Here is the GO constituting the GN Rao Expert Committee
Here are the terms and conditions for the Expert Committee
Appointment of Brig. Dr. P Raj Kumar as consultant to the Expert Committee
On 14-Nov-2019
The High Court on Thursday admitted and posted to November 28 a writ petition filed by a couple of farmers belonging to Borupalem village in Thullur mandal of Guntur district with the plea to declare the constitution of an expert committee (through G.O.Rt. No. 585 dated September 13, 2019) for reviewing the development strategy for Capital city (Amaravati) as arbitrary, illegal, ultra vires and contrary to the provisions of the Andhra Pradesh Capital Region Development Authority (APCRDA) Act, 2014 and in violation of Article 14 of the Constitution.
The government abruptly stopped the construction activity in the entire Capital city area, including the construction of the High Court building, the roads and other infrastructure works without giving or assigning any reason, they mentioned in their petition.
News source here.
On 09-Dec-2019
Rajadhani Rytu Parirakshana Samithi files a PIL WP(PIL) 179/2019 which challenges G O Rt No 585 Municipal Administration and Urban Development Department dated 13-09-2019.
The drama unfolded on 17-Dec-2019 (On record, Officially; Preparations started way before that date)
*Andhra Pradesh Have Three Capitals, CM Jagan Announced In Assembly*
https://english.sakshi.com/andhrapradesh/2019/12/17/ap-may-have-3-capitals-to-ensure-decentralisation-cm
https://epaper.sakshi.com/2468958/Andhra-Pradesh/18-12-2019#page/1/1
https://www.indiatoday.in/india/story/andhra-pradesh-ys-jagan-mohan-reddy-three-capitals-amaravati-ysrcp-1629174-2019-12-17
https://www.livemint.com/news/india/-decentralised-administration-andhra-may-have-three-capitals-says-cm-jagan-11576603472552.html
On 03-01-2020,
Boston Consulting Group submits it’s report on the concept of decentralized development for the State of Andhra Pradesh.
On 11-01-2020 and 12-01-2020,
Farmer and villagers around Amaravati region started peaceful agitation. Police (under the Order of yours truly) assaulted them violently.
News source here.
On 13-01-2020,
AP High Court took Suo moto cognizance of this events and initiated a WP(PIL) 3/2020, the prayer of which is as follows:
In the light of the news items published in Eenadu Telugu daily news papers dated 12 01 2020 and 13 01 2020 that the general public and the ryots in the State of Andhra Pradesh and particularly in and around Vijayawada Mandadam Tullur Vijayawada of Krishna and Guntur districts are agitating peacefully by way of dharna rasta roko and public meetings in protest against the proposal of the Government of Andhra Pradesh to shift the State capital from Amavaravati to a different place that the ryots and women have also been participating in large number and that in order to control and curb such agitations the Police are allegedly resorting to coming down heavily upon the agitators and that the Police particularly men police have resorted to take the agitators into custody and further that the Police particularly men police have also handled misbehaved and touched the women agitators indecently and also even preventing them to go the temples thereby violating human rights fundamental rights guaranteed under the Constitution of India and atrocities particularly against women citizens and therefore it is prayed that this Hon’ble High Court may issue a writ in the nature of mandamus calling for the records and remarks from the Respondents herein in this regard and to take appropriate action against the Respondents for the indecent behaviour of the Police on the agitators particularly the women agitators and to issue further orders / directions as this Hon’ble Court deems fit and proper.
Current Status: Next date not given; PENDING.
News source here.
MORE PILs
WP(PIL) 4/2020
WP(PIL) 5/2020
WP(PIL) 7/2020
WP(PIL) 8/2020
WP(PIL) 9/2020
WP(PIL) 15/2020
WP(PIL) 22/2020
WP(PIL) 70/2020
WP(PIL) 72/2020:
WP(PIL) 73/2020:
WP(PIL) 73/2020:
On 17-01-2020,
High Power Committee submitted it’s report on 17-01-2020 supporting 3-Capital proposal.
On 20-01-2020,
The following Bills were introduced by Government Ministers in Assembly and were passed late in the night, on the strength of 151 MLAs
- AP Capital Region Development Authority Repeal Act, 2020
- AP Decentralization and Inclusive Development of All Regions Act, 2020
The following GO is issued
On 21-01-2020,
On 22-01-2020,
- Drama in the Legislative Council
The ‘Andhra Pradesh Decentralisation and Inclusive Development of All Regions Bill, 2020’ was stalled in the Upper House/Legislative Council and passed a resolution to refer the bills for the select committee.
News source here.
- The following GO is issued for hiring of the services of Sri Mukul Rohatgi,
Planning department – Hiring of services of Sri Mukul Rohatgi, Senior legal Counsel and former Attorney General of India to defend the case filed in the High Court relating to the Capital issue against the Government – Sanction of Rs.1.00 crore as an advance – Accorded – Orders – Issued
Funds released
Related PIL: WP(PIL) 23/2020
On 31-01-2020,
- The following GO is issued (G.O. Ms. No. 13 dt: 31-01-2020)
- A PIL is filed in AP HC WP(PIL) 20/2020
- AP High Court Stays On Government Offices Shift To Kurnool. News source here.
- High Court suspends the operation of the above GO, during pendency of the writ petitions holding that.
From Para 76,
76) In view of our foregoing discussion, the act of the Executive Authority of the State in issuing G.O.Ms.No.13 General Administration (SC.F) Department dated 31.01.2020 proposing to shift the office of Vigilance Commissioner and Chairman of Commissionerate of Inquiries and also offices of the Member(s) Commissioner of Inquiries from Interim Government Complex, Velagapudi to Kurnool is not only prima facie mala fide, unreasonable and irrational, but also contrary to Section 39 of the CRDA Act. Hence, we find prima facie case in favour of the petitioners, balance of convenience is also tilting in their favour, hence it is a fit case to suspend G.O.Ms.No.13 dated 31.01.2020 as the said order came to be issued contrary to the Statute and is tainted by mala fides. Accordingly, the question as posed is answered in favour of the petitioners and against the respondents.
On 10-03-2020,
WP(PIL) 64/2020 was filed and on 23-03-2020, Order was passed staying the GO.Ms. No 72 of 2020 dated 25.01.2020 here.
On 23-03-2020,
WP(PIL) 24/2020: Lot of things challenged here. AP High Court passed a common Order here.
On 14-04-2020,
WP(PIL) 92/2020 was filed and AP High Court extended the time for hearing objections until 30 May 2020 and directed the State government that, Regulations Shall not be finalized without considering the objections. Last Order is here.
Change in State Election Commissioner of Andhra Pradesh
After passing the AP Panchayat Raj Rules 2020 here, the following steps were taken by incumbent AP Govt.
GO for Cessation of Tenure due to Promulgation of Ordinance No. 5 of 2020
Corresponding Gazette
GO for Sri Justice V.Kanagaraj, Retired High Court Judge, appointed as SEC of A.P State Election Commission
Corresponding Gazette
A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.
Andhra Pradesh Panchayat Raj (Salaries and Allowances, Conditions of service and tenure of State Election Commissioner) Rules 2020
After getting the Andhra Pradesh Ordinance No. 5 of 2020 Promulgated here, on 10 April 2020 by AP Governor Shri. Biswabhusan Harichandan, the following Rules were framed via GO and Gazette (G.O. Ms. 617).
GO
Corresponding Gazette
Once these Rules 2020 were framed, the next steps taken are here.
A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.
Andhra Pradesh Panchayat-Raj (Second Amendment) Ordinance 2020 Promulgated on 10 April 2020
After the nonsensical and futile legal squirmish with AP SEC here, incumbent AP Govt took the following legal step. The Andhra Pradesh Ordinance No. 5 of 2020 Promulgated on 10 April 2020 was first marked as confidential soon after its approval, but placed it in the public domain later in the evening as reported here.
Government Order: Announcing the Andhra Pradesh Panchayat-Raj (Second Amendment) Ordinance, 2020
Even though, I could not find the gazette version of Andhra Pradesh Ordinance No. 5 of 2020, promulgated on 10 April 2020, the following are the various Government Orders (GOs) and the Gazatte notifications of the said GOs.
As a consequence to this GO (Gazette still not found), the following three legislative steps were taken.
- Formulation of AP Panchayat Raj (Salaries and Allowances, Conditions of service and tenure of State Election Commissioner) Rules 2020
- Cessation of Tenure of incumbent SEC Sri Nimmagadda Ramesh Kumar, due to Promulgation of Ordinance No. 5 of 2020
- Sri Justice V.Kanagaraj, Retired High Court Judge, appointed as SEC of A.P State Election Commission
A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.
