Has Andhra Pradesh been given a raw deal? PIL in SC seeks Centre’s compliance with Reorganisation Act

While a political battle on the same is already playing out, a public interest litigation has now been filed in Supreme Court by a lawyer seeking directions to be issued to the Central government to comply with the statutory provisions of the Andhra Pradesh Reorganisation Act, 2014 (Act)..The petition filed by advocate Kilaru Dileep states that the people of State of Andhra Pradesh are suffering immensely and are being subjected to unfair treatment due to non-implementation of binding statutory provisions and non-fulfilment of concrete and actionable promises made to them by Union of India..Dileep has prayed that the Centre act on the promises and reassurances made by it to end the hardships being faced by the people of the state..Citing the loss of Hyderabad city after the creation of Telangana, the petitioner has submitted that the state is faced with the uphill task of building a new capital and establishing overall economic, social and educational infrastructure, while grappling with a huge loss of revenue..The petitioner has contended that the Act makes it clear that the responsibility and burden for assisting the State of Andhra Pradesh is upon the Union of India..“The Statement of Objects and Reasons in the Act also records these objectives and affixes the responsibility on the Respondent No.1/Union of India to assist the Respondent No. 2/State of Andhra Pradesh in achieving these objectives.”.The petition relies on various provisions of the Act, which obligate the Centre to support and secure the development of Andhra Pradesh..“That the provisions of the Act clearly demonstrate a significant concern regarding, and commitment towards, the future development of the Respondent No. 2/State of Andhra Pradesh. The Act under Section 93 states that the Respondent No.1/Union of India shall take all necessary measures for the progress and sustainable development of the successor States within a period of 10 years….Section 46 of the Act envisions that the Respondent No.1/Union of India shall ensure that adequate benefits and incentives in the form of special development package are given to the back-ward areas of the successor state of Andhra Pradesh….Section 94 of the Act provides that the Respondent No.1/Union of India would take fiscal measures including tax incentives to the successor States to promote industrialization and economic growth.”.It is the petitioner’s case that despite the aforesaid statutory obligations imposed upon the Union of India, and after a period of almost 4 years from the Act having come into force, the objectives enumerated under the Act are far from being realized. This delay, in turn, is causing significant deleterious consequences to the population of Andhra Pradesh, apart from loss of trust and confidence among them..Contending that the actions and omissions of the Centre are contrary to the plain text and the spirit of the Act and are affecting the residents of Andhra Pradesh being deprived of their fundamental right to equality, under Article 14 and right to life under Article 21, the petitioner has made the following prayers:.“Issue an appropriate Writ directing the Respondent No.1/Union of India to comply with the statutory provisions of the Andhra Pradesh Reorganisation Act, 2014 and keep up with promises and reassurances made by it from time to time, to end the hardships being faced by the people of Respondent No. 2/State of Andhra Pradesh;.Issue an appropriate Writ directing the Respondent No.1/Union of India to present before this Hon’ble Court a list of measures taken by it, if any, in compliance of the provisions of the Andhra Pradesh Reorganisation Act, 2014;.Issue an appropriate Writ directing the Respondent No. 2/State of Andhra Pradesh to ensure that the assistance provided by Respondent No.1/Union of India for the specific purposes as laid down in the provisions of the Andhra Pradesh Reorganisation Act, 2014, are duly accepted and utilized in a timely manner in the best interest of the population of Respondent No. 2/State of Andhra Pradesh.”