The Supreme Court on Tuesday said that it will hear in December 2023, the Andhra Pradesh government’s challenge to the state high court’s March 3, 2022, judgment against the setting up of the three capitals as a seat of the government, legislature and the high court respectively.

The high court in its March 3, 2022 judgment had held Amaravati as the only capital of Andhra Pradesh.

Treating Andhra Pradesh government’s petition challenging the High Court order as a lead matter, a bench of Justice Sanjiv Khanna and Justice Bela M. Trivedi said that the matter will be heard in December even though the State government sought an early hearing given the urgency of the matter.

The bench noted that the hearing would require time.

The bench decided to treat Andhra Pradesh government’s petition as a lead matter and decided to hear the matter in December, after it was told that there were 70 petitioners before the High court and all of them have been made respondent in its petition and the service is complete in respect of them.

The bench was told that even if service is not complete in respect of them in other petitions, they are already in loop and can be treated as served with notices in other matters as well.

Even as the bench decided to hear the matter in December, senior advocate and former Attorney General K.IK. Venugopal, appearing for Andhra Pradesh government, repeatedly urged the bench for an early hearing, of the matter given its urgency.

However, Justice Khanna said that it cannot be in August as a five-judge constitution bench would be hearting a batch of petitions challenging the abrogation of Article 370 of the constitution that had conferred a special status on erstwhile state of J&K and its subsequent bifurcation into two Union Territories – J&K and Ladakh.

Justice Khanna is one of the five-judges on the contrition bench. Others being Chief Justice D.Y. Chandrachud, Justice Sanjay Kishan Kaul, Justice B.R. Gavai and Justice Surya Kant.

Before the matter came to the bench of Justice Sanjiv Khanna and Justice Bela M. Trivedi, the matter was being heard by a bench of Justice K.M. Joseph (since retired) and Justice B.V. Nagarathna.

In the last hearing of the matter on March 28, the bench of Justice Joseph and Justice Nagarathna posted the matter for hearing on July 11 noting there are many senior advocates to argue in the case and they would require time to advance their arguments and court will be left with no the time to write the judgment as Supreme Court will have its summer vacations from May 21 to July 2 and Justice Joseph would be retiring on June 16, 2023.

Even as the court had on March 28, posted the matter for hearing on July 11 citing the paucity of time to hear a battery of senior lawyers including Fali Nariman, K.K. Venugopal. C.S. Vaidyanathan, Shyam Divan and others are appearing for different parties, Venugopal had told the bench that the law that was enacted for the creation of three capital has been withdrawn and all that remains to be argued is impact of the High Court judgment on the principle of separation of powers and the functioning of the State government.

Venugopal had said that such a judgment impacting the principle of separation of powers between the executive legislature and the judiciary should not get repeated.

The Andhra Pradesh government along with others have challenged the judgment of the State High Court on the proposed three capitals case and had sought a stay on the High Court verdict.

The YSR Congress Party -led government had moved the top court on September 17, 2022, against the High Court’s March 3, 2022, judgment that upheld Amaravati as the only capital of Andhra Pradesh.

The Andhra Pradesh government has contended that the High Court’s judgment is an encroachment into the powers of the executive and the legislature.

The Supreme Court in November 2022, had stayed the High Court’s directions asking the state government to develop Amaravati’s capital city and capital region within 6 months.

While staying the High Court order directing the Andhra Pradesh government to develop the capital city and capital region within 6 months, the bench of Justice Joseph and Justice Nagarathna had said, ““Courts cannot become a town planner and Chief Engineer”. The top court found the directions issued by the high court overstepped the “separation of power” principle.