Government asked to file counter affidavit in plea challenging new layout rules | Vijayawada News

Vijayawada: The High Court on Friday ordered the state government to file a counter affidavit in the filed petition challenging the new planning rules which contemplate handing over 5% of the land to the government.
A Medikonduri Lakshmi Shakuntala Devi, Managing Partner of Prakruti Avenues, has filed a lawsuit challenging the GO as unlawful, arbitrary, in violation of Sections 14, 19(1)(g) and 300A of the Constitution.
Arguing on behalf of the petitioner, Senior Advocate Dammalapati Srinivas said the executive does not have the power to make such rules. He said there is no provision in the Municipalities Act that empowers the executive to make a rule to take over some private property. He said the state action is arbitrary and unilateral.
The high court bench headed by Chief Justice Prashant Kumar Mishra and Justice M Satyanarayana Murthy observed that a similar issue has been settled by other high courts which are against the petitioner. However, Srinivas insisted that the petition be tried because the executive cannot exercise the powers that the law does not give it the power to do.
Given Srinivas’ arguments, the high court ordered the state government to file a counter affidavit and released the case for rehearing after two weeks.

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