CRDA Paradox: Are AP Govt initiatives and actions legally tenable?

1. The new Government of Andhra Pradesh appears to be in a tearing hurry, throwing established procedures and processes to the wind in undertaking the lands assemblage, planning and development of the New Capital Region of Andhra Pradesh.

2. It first enacted the Andhra Pradesh Capital Region Development Authority Act,2014 and then constituted the Capital Region Development Authority for planning, land assemblage and development of the new Capital of Andhra Pradesh.

3. The Government without waiting for the plans to be prepared, notified and sanctioned under the said A.P. Capital Region Development Authority Act,2014, set about assembling lands from farmers/land owners in the villages covered by the new Capital from July 2014 even before the said Act was enacted and passed, and claims to have assembled more than 33,000 acres of lands for this purpose. Is this the correct procedure? The Government, the Capital Region Development Authority and all functional departments operating in the Capital area (who have to operate and function under the Commissioner of the Capital Region Development Authority) seem to have scant regard to the legal provisions laid down under the A.P. Capital Region Development Authority Act,2014, which mandates –

(a) Preparation of a Perspective Plan by the Capital Region Development Authority and follow the due planning process of plan, preparation, stakeholder consultation, consultation with local bodies in the area, and then notify the draft plan for public objections and suggestions as per prescribed rules, and after considering all the objections and suggestions received, submit the finalized Draft Plan along with draft policies, development promotion regulations and reports along with remarks on the objections and suggestions to the Government for approval and sanction of the Draft Perspective Plan. After sanction of the Perspective plan by the Government (which is accorded in form of a Government Order, the Capital Region Development Authority has to notify the same in the Government Gazette and form this date of Notification, the Perspective Plan comes into force and is enforced. But what has happened? The Government instead of the Capital Region Development Authority, invites the Singapore outfit, Surbana International to prepare the Perspective Plan, which is presented by the Minister of Singapore Government t to the CM of Andhra Pradesh in April 2015, and the AP Cabinet approves it. Is this legal ? Certainly not! The said A.P. Capital Region Development Authority Act,2014 does not empower anybody else other than the Capital Region Development Authority to prepare the perspective plan. The CRDA has to prepare on its own and cannot contract out this task! (read Section 38(1)

(b) The Government again invites the same Singapore outfit, Surbana International to prepare “the Capital Area Master Plan “ for about 210 sq km area , which the outfit prepares and gain presented by the minister of Singapore Government in June 2015, and apparently as per news items, the state cabinet approves it. Is it legal ? Certainly, not! The said A.P. Capital Region Development Authority Act,2014 does not empower anybody else other than the Capital Region Development Authority to prepare the Master plan. The Capital Region Development Authority has to prepare on its own and cannot contract out this task! (read Section 38(2), and the Master Plan has to be follow the same procedure as in the case of Perspective Plan and notified for public objections and suggestions, etc.

(c ) The same outfit, Surbana International (which is a private consultancy firm of Singapore and only registered with Singapore Government) prepares the “Seed capital Plan for the area of about 17 sq km which covers the proposed Capital proper with the location of Assembly, Secretariat, etc.etc. (God knows what and how did the Government conjure up such a thing as “Seed Capital ” which is not available in the said Act : the said AP Capital Region Development Authority Act,2014 mandates the Authority to prepare detailed Area Development Plans for the capital City Area and not such “Seed Capital” and the like (read section 38 (3)). By this time, it is reported that M/s Surbana International is merged/bought over by M/s Jurong International, the other outfit registered with the Singapore Government for reasons not known. This “Seed Capital Plan” is accepted by the Government on 20-7-2015 and the Singapore Consultants now intend to prepare ‘Action Plans”

(d) The said Act mandates the Authority (and nobody else) to take up Land Pooling Schemes under the aegis of the approved Perspective plan and Master Plan prepared by the Capital Region Development Authority and sanctioned by the Government. But instead, what is done? Even before the said Act is passed as law in December,2014, the Government through its Revenue department since June 2014 (the Capital Region Development Authority seemingly has no role in this) started assembling lands from farmers using some format/undertaking which legally is not an instrument of transfer of property! OK, granted that Government has all the power to take up land assemblage, can it do against the law? Certainly not! That all the land Pooling or land assemblage being done by the Government is against the law is proven by the fact that, there is a statutory plan for the area (namely, Zonal Development Plans for Tullur Planning Zone, etc. prepared and approved by the then Government in 2008, and legally in force! And what does this Zonal development Plan say ? the entire area (except for existing village settlements and its expansion s area) is Agriculture land use wherein any sort of development activity is prohibited ! The farmers/owners of lands in the area or the Government for that matter, can only do agriculture and nothing else. Thus the Land Pooling Schemes and land assemblage is entirely illegal!

(e) The Capital Region Development Authority separately and parallel calls for proposals from very reputed consultants (preferably international) to do the Master Planning for the entire Capital Region of 1700 odd sq km (which is again done selectively out of the 7400 odd sq km of the Capital Region).It suppresses the fact that there is not only a Master Plan for the Region but also that there are 29 Zonal development Plans approved and in force! That it could not select any Consultant till now is another matter. Is this legal ? Certainly not! Again the said Section 38 (2) does not empower anybody else other than the CRDA to prepare the Master Plan. The CRDA has to prepare on its own and cannot contract out this task!

(f) Again the CRD Authority issues a slew of RFPs for various functions and tasks which is against the said Act which mandates a definitive establishment structure and administration of the CRDA. One of these, calls for preparation of Land Pooling Schemes for some 29,000 odd acres and gives the menu which is again contrary to the legal requirement of Land Pooling under Sections 44 and 55 . Again that no Consultant could qualify to do the 29 land pooling Schemes is another matter to ponder!

4. Thus, going by the sequence of events, the Government as well as the CRDA has really botched up the whole issue, paying scant regard to legal provisions and procedures. One only prays, it should not become one as in the case of Humpty, Dumpty…

-Lakeer ke Fakeer