Capital development paradox in AP

Not in conformity with Andhra Pradesh Capital Region Development Authority Act, 2014

The 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

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

Without even waiting for the plans to be prepared, notified and sanctioned under the said Act, the government set about assembling lands from farmers and others 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 CRDA and all functional departments seem to have scant regard for the AP CRDA Act, 2014.

What does the Act mandate?

The Act mandates preparation of a perspective plan by the CRDA, consultations with stakeholders and local bodies, notification of the draft plan for public objections and suggestions. After this, CRDA should submit the finalized Draft Plan along with remarks on the objections and suggestions to the government for approval and sanction for notification in the government gazette.

But what has happened? The government invited the Singapore outfit, Surbana International, to prepare the Perspective Plan, which was presented by the Minister of Singapore Government to the CM in April 2015, and the AP Cabinet approved it. Is this legal? Certainly not! The said Act does not empower anybody else other than the CRDA for this job {read Section 38 (1)} The government again invited the same Singapore outfit to prepare “the Capital Area Master Plan“ for about 210 sqkm area, which was duly presented by Singapore Minister in June 2015, and was accorded the State Cabinet approval. This is also not as per the CRDA Act.

Seed Capital Plan, a curious idea Again, 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 sqkm which covers the proposed Capital proper with the location of Assembly, Secretariat, 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 CRDA Act mandates the Authority to prepare detailed Area Development Plans for the capital City Area and not “Seed Capital” and the like {read section 38 (3)}. It is now reported that M/s Surbana International is merged into or bought over by M/s Jurong International, the other outfit registered with the Singapore Government, for reasons not known.

This “Seed Capital Plan” was accepted by the government on 20-7-2015 and the Singapore consultants now intend to prepare ‘Action Plans” Only the CRDA has to take up Land Pooling Schemes (LPS) under the aegis of the approved Perspective Plan and Master Plan prepared by it 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 started assembling lands from farmers using some format/undertaking which legally is not an instrument of transfer of property! OK, granted that the government has all the power to take up land assemblage, can it go against the law?

Land pooling is against law

That all the land pooling 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 is legally in force. And what does this Zonal development Plan say? The entire area (except for existing village settlements and its expansion area) is agriculture land use wherein any sort of development activity is prohibited. Thus the land pooling scheme is entirely illegal.

The CRDA cannot contract out the task of preparing the master plan for the entire capital region of 1,700 odd sqkm (which is again done selectively out of the 7400 odd sq km of the capital region). But it has done and 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.

The CRDA again issued a slew of RFPs (requests for proposals) 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!

Thus, going by the sequence of events, the government as well as the CRDA seem to have 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… (The writer is an architect. He may be contacted at [email protected])

By Adikeshava Bhongir Reddy