APHC010125472017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6847 OF 2017 Between: 1. M. Narayana S/o.M.Obulesu, aged 62 years, Occ;Retd.Employee, R/o.27/ 105, Mulasagaram Nandyal RS., Kurnool Kurnool District, AP 2. M.Brahrnaiah S/o.Obulesu,aged 65 year, R/o.27/105, Mulasagaram Nandyal R.S., Kurnool Kurnool District, AP 3. M.Chandramouli S/o.M.C.Narasimhulu, aged 45 years Occ:Retd. Employee Occ;Teacher R/o.H.No.26-201 F, Gnanapuram Nandyal R.S., Kurnool District Andhra Pradesh. ...Petitioners AND 1. The State of Andhra Pradesh Rep by its Principal Secretary, Municipal Administration Department A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director of Town Country Planning Gorantia Guntur Pradesh 3. The District Collector Kurnool District Kurnool, - 4. The Nandyal Municipality Nandyal Kurnool District A P rep, by its Commissioner 5. The Tahsildar, Nandyal, Kurnool District 6. P Venkata Reddy S/o Not Known Occ Contractor C/o Nandyal, Municipality Nandyal, Kurnool District, AP Anandhra ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in trying to lay the C.C.Road and C.C. Pipelines in the land of the petitioners situated in survey Nos.635/1 and 635/2(Now Ward No.25) at Telugu Baptist Church, Nandyal, Kurnool District, Andhra Pradesh without issuing any notice or opportunity of hearing to the petitioners and without following the procedure as contemplated under the Land Acquisition Act as illegal, arbitrary and violative of Principles of Natural Justice and contrary to Art.300-A of the Constitution of India. lA NO: 1 OF 2017fWPMP 8406 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to lay the C.C. Road and C.C. Pipelines in the land of the petitioners situated in survey Nos. 635/1 and 635/2 (Now Ward No. 25) at Telugu Baptist Church, Nandyal, Kurnool District, Andhra Pradesh pending disposal of the writ petition. Counsel for the Petitioners: M/s. THOTA SUNEETHA Counsel for the Respondents No.1,2:GP-MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondents No.3,5: GP FOR REVENUE Counsel for the Respondent No.4: SRI GUDAPATI LAKSHMINARAYANA (SC For Municipalities in Rayalaseema Region) Counsel for the Respondent No.6: — The Court made the following order: APHC010125472017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6847/2017 Between: 1.M. NARAYANA S/O.M.OBULESU OCC:RETD.EMPLOYEE, R/0.27/ 105, MULASAGARAM NANDYAL RS., KURNOOL KURNOOL DISTRICT, AP 2.M.BRAHRNAIAH S/O.OBULESU, OCC:RETD. EMPLOYEE, R/O.27/105, MULASAGARAM NANDYAL R.S., KURNOOL KURNOOL DISTRICT, AP S/O.M.C.NARASIMHULU, R/O.H.NO.26-201 F, GNANAPURAM 3.M.CHANDRAMOULI OCC:TEACHER NANDYAL R.S., KURNOOL DISTRICT ANDHRA PRADESH. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR OF TOWN COUNTRY PLANNING GORANTLA GUNTUR, ANANDHRA PRADESH 3.THE DISTRICT COLLECTOR KURNOOL DISTRICT KURNOOL, - 2 4.THE NANDYAL MUNICIPALITY NANDYAL KURNOOL DISTRICT A P REP, BY ITS COMMISSIONER 5.THE TAHSILDAR, NANDYAL, KURNOOL DISTRICT 6. P VENKATA REDDY S/0 NOT KNOWN OCC CONTRACTOR MUNICIPALITY NANDYAL, KURNOOL C/0 NANDYAL, DISTRICT, AP ...RESPONDENT(S): Counsel for the Petitioner(S): 1.THOTASUNEETHA Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 3.GP-MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.6847 of 2017 ORDER: The present Writ Petition is filed questioning the action of the Respondents in trying to lay CC Road and CC Pipelines in the land 1. of Petitioners situated in Sy.No.635/1 and 635/2 (now Ward No.25) at Telugu Baptist Church, Nandyal, Kurnool District, without issuing any notice nor initiating action under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “Act 30 of 2013”), as illegal and arbitrary. The Petitioners claim to be owners of the land to an extent of 2. Ac.6.77 cents situated in Sy.Nos.635/1, 635/2, 637/2, 637/3, 639/1, 639/2 and 641/2 at Central Ware Housing Corporation’s fencing wall, Devanagar Area, Nandyal, Kurnool District. It was stated that the property was originally owned by one M. Pitchanna, who is the grandfather of Petitioner Nos.1 and 2 and great grandfather of Petitioner No.3. He had purchased the property situated in Sy.No.635/2 to an extent of Ac.1.35 cents, in Sy.No.639/2 to an extent of Ac. 1.13 cents and in Sy.No.637/2 to an extent of Ac.0.05 cents from one P. Pedda Mahanandi Reddy vide registered sale 2 deed bearing document No.2014/1938, dated 21.07.1938. After the death of the grandfather, the Petitioners succeeded to the same and were in peaceful possession. 3. Similarly, one Smt. Laka Chennamma, who is the aunt (mother’s sister) of Petitioner Nos.1 and 2 had purchased the land to an extent of Ac.0.50 cents in Sy.No.635/1 and Ac.0.50 cents in Sy.No.639/1 vide registered document bearing No.2228/1936, dated 30.07.1936. it is stated that Smt. Laka Chennamma also purchased an extent of Ac.3.46 cents in Sy.No.538, an extent of Ac.1.00 cents in Sy.No.635/1 and an extent of Ac.1.00 cents in Sy.No.639/1 vide registered document bearing No.2220/1936, dated 30.07.1936. It is stated that said Chennamma had executed a gift deed vide document No.453/1955, dated 21.03.1955 in respect of the property situated at Sy.No.538/1 to an extent of Ac.3.46 cents, in Sy.No.635/1 to an extent of Ac.1.00 cents in Sy.No.639/1 to an extent of Ac.1.00 cents in favour of the father of Petitioner Nos.1 and 2 and grandfather of Petitioner No.3. The Petitioners claim to have succeeded the property. 4. It was further stated that a part of the property was acquired by the Government in the year 1975 for providing house sites to the weaker sections and compensation was paid to the Petitioners 3 r pursuant to the Award passed under the Land Acquisition Act, 1894 vide Award No. 148/75-76, dated 30.03.1976. The Petitioners contended that as they have absolute right and title over the above mentioned property laying of CC Road and CC pipelines without paying any compensation was the reason for filing the present Writ Petition. 5. During the pendency of this Writ Petition, the C.C road appears to have been laid by the Respondents. 6. In the Counter Affidavit, it was stated that pursuant to the representation of Petitioners, a survey was conducted by the Town Surveyor and an extent of Ac.0.21 cents in Sy.No.635/1 and 635/2 was used for laying CC road by the Respondent-Municipality. It was further contended at Paragraph Nos. 13 and 14 of the Counter Affidavit that TDR bonds are applicable to Master Plan roads and that the compensation would cost Rs.2.00 Crores to the Respondent-Corporation and would be a huge financial burden. It was further stated that Respondent No.4 is willing to issue TDR bonds to the Petitioners for the affected land in the ratio of 1:4 after according permission from the Government as the Municipality is not in a position to pay such huge amount as the compensation under Act 30 of 2013. 4 i 7. In the light of the Counter Affidavit, learned counsel for the Petitioners filed a Memo vide USR No.62568/2025, wherein a letter has been addressed to Respondent No.4 on 24.01.2024 by the Writ Petitioner agreeing for issuance of TDR bonds in the ratio of 1:4. 8. In the light of unanimity of opinion between Respondent No.4 and the Petitioners for issuance of TDR bonds for the property of Petitioner used for laying C.C road of an extent of Ac.0.21 cents situated in Sy.Nos.635/1 and 635/2, this Court is of the opinion that the Writ Petition can be disposed of with the following directions; (i) The Respondent authority is directed to issue TDR bonds to the Petitioners for the affected property in the ratio of 1:4 within a period of three (3) months from today; (ii) No order as to costs. 9. As a sequel, pending applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// /r gfe SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Municipal Administration Department A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director of Town Country Planning Gorantia Guntur, Anandhra Pradesh f- 3. The District Collector Kurnool District Kurnool, 4. The Nandyal Municipality Nandyal Kurnool District A P rep, by its Commissioner 5. The Tahsildar, Nandyal, Kurnool District 6. P Venkata Reddy S/o Not Known Occ Contractor C/o Nandyal, Municipality Nandyal, Kurnool District, AP 7. One CC to M/s. THOTA SUNEETHA, Advocate [OPUC] 8. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 9. One CC to SRI. GUDAPATI LAKSHMINARAYANA, (SC For Municipalities in Rayalaseema Region), Advocate [OPUC] 10. Two CCs to GP FOR MUNICIPALITY, High Court of Andhra Pradesh [OUT] 11. Two CD Copies NM high court DATED:07/07/2025 ORDER WP NO. 6847 OF 2017 o P Of O O' ! 3: 1 nUL 2025 m I w ★ disposing of the WP WITHOUT COSTS