IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7622 OF 2024 Between: Bommareddy Janardhana Reddy, S/o Late Rami Reddy, Hindu aged about 70 years, D.No.8-3-224, F-77, F.No.305, Madhura Nagar, Shaikpet, Ameerpet, Hyderabad-500 038 Rangareddi District, State of Telangana ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by PrI. Secretary, Municipal Administration And Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District, A.P. 2. The Municipal Corporation of Vijayawada, Rep. by its Commissioner Bandar Road, Vijayawada. ...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 order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the Respondents in not issuing TDR Bonds towards payment of compensation for 444 sq. yards for the 7 acquisition of my land which has been acquired and laid the internal road in my land in an extent of 444 sq. yards, in R.S.No.334/2A and R.SNo.334/2A3 situated in Gunadala, Vijayawada, even though my adjacent neighbours properties either side have been acquired along with my property and paid compensation by issuing TDR Bonds and in spite of my repeated continuous representation made to the respondents for issuance of TDR Bonds undisputed is arbitrary, illegal, whimsical, violative of Article 14, 19 (1) (g), 21 and 300A of Constitution of India besides utter breach of the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2014 and G.O.Ms.No.223, MA. and U.D. Department, Dt. 09-07-2018 as I am entitled for an additional floor area of 1776.00, 444.00 X 4 Sq. yards in 1.4 ratio over and above the permissible built up area and also other relaxations as per rules within the VMC limits, in the interest of justice. (Prayer is amended as per the Court Order dt.03.05.2024 vide orders passed in lA No.2 of 2024.) lA NO: 1 OF 2024 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 to provide the long standing compensation of TDR Bonds in lieu of petitioner’s schedule property which is in an extent of 444 sq. yards, in R.S.N0.334/2A and R.S.No.334/2A3 situated in Gunadala, Vijayawada, as per the provisions of G.O.Ms.No.223, M.A. & U.D. Department, Dt. 09-07-2018, as the petitioner is entitled for an additional floor area of 1776.00 (444,00 X 4) Sq. yards in 1:4 ratio over and above the permissible built up area and also other relaxations as per rules within the VMC limits, in the interest of justice. / Counsel for the Petitioner; SRI DASARI NAVEEN Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI A. S. C. BOSE, SC FOR MUNICIPAL CORPORATION The Court made the following order: APHC010135942024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0M0 [3460] WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7622/2024 Between: ...PETITIONER Bommareddy Janardhana Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.DASARI NAVEEN Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.7622 OF 2024 ORDER: The present Writ Petition is filed seeking for the following relief: “to declare the action of the Respondents and their men in dispossessing the petitioner from the petitioner’s schedule property which is in an extent of 444 square yards in R.S.N0.334/2A and R.S.No.334/2A3 situated in Gunadala, Vijayawada within the jurisdiction of the 2'^^ respondent herein under the Provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2014’ for the purpose of road widening, without following due process of law as arbitrary and illegal and consequently direct the respondents to provide the petitioner with long standing compensation of TDR Bonds in lieu of petitioner’s schedule property”. The facts making to the file of the writ petition are as 2. follows; The petitioner had purchased an extent of Ac.0.52 cents i.e., 2516.2 square yards in R.S.No.334/2A3 in Gunadala area within the limits of Vijayawada Municipal Corporation on 24.01.1986 vide registered sale deed bearing document No.362/1986 from Kilaru Nagarathnam and Mikkilineni T 3 Sugunavathi. The petitioner also claims to have purchase an 2552.56 square yards on 24.01.1986 vide unregistered agreement of sale coupled with possession rights from one G.Anjaiah and the petitioner became the absolute owner of the said property. The said unregistered agreement of sale was registered for a part extent pursuant to the Judgment and Decree in O.S.No.970 of 2012, dated 06.05.2013 on the file of VI Additional Junior Civil Judge, Vijayawada. The sale deed was registered by VI Additional Junior Civil Judge, Vijayawada vide document bearing No.648/2014 on 20.02.2015 extent of Ac.0.52 % cents i.e. 3. The total extent owned by the petitioner in both documents of title referred above is Ac.0.95 cents which is 4597.57 square yards. The petitioner at a later date divided the land into housing plots and disposed of independent house plots to various individuals and retained an extent of 1332 square yards. Out of the balance extent of 1332 square yards, the petitioner executed registered sale deed in favour of Vanga Sundara Rami Reddy and Vanga Srikanth Reddy vide registered sale deed document bearing No.6078/2012 dated 01.12.2012. The petitioner also executed registered sale deed in favour of Busetty Venkata F 4 Subrahmanya Rajeswara Rao on 20.02.2014 for an extent of 444 square yards. According to the petitioner, the said land of 1332 square yards was acquired by the respondent authorities for the purpose of internal road under proposed road widening. The purchasers of the petitioner i.e., Vanga Sundara Rami Reddy and Vanga Srikanth Reddy were granted TDR bonds by the Municipal corporation vide Rc.G2-1414455/2015-BO-IX, in the month of November and December 2018 respectively. As the land of the petitioner was also acquired, the petitioner gave representation to the Municipal Corporation to consider his case for issuance of TDR bonds since the vendees of the petitioner were granted TDR 4. vide representations dated 23.10.2016, 21.01.2017, 05.01.2018, 07.01.2022, 14.03.2022, 10.10.2019, 20.01.2020, 28.01.2021 09.01.2023 and 11.12.2023. As the representations of the petitioner are not being considered, the present writ petition was filed. The Respondent Corporation filed counter admitting the acquisition of 1332 square yards for internal roads connecting HT line road. It was also admitted that the TDR bonds were issued for 5. T extent of 888 square yards upon production of title rights in favour of Vanga Sundara Rami Reddy, Vanga Srikanth Reddy and Bhusetty Venkata Subrahmanya Rajeswara Rao. In the counter, it was also stated that the petitioner’s claim would also be considered for issuance of TDR bonds on production of necessary an documents standing in his name. In view of the counter filed by the respondents, it would be appropriate to dispose of the writ petition directing the petitioner to approach the Respondent No.2 along with details of the title deeds and other documents establishing his right over the schedule property within a period of four (04) weeks from today. On receipt of the representation and the allied documents, the Respondent No.2 shall examine and pass appropriate orders within a period of four (04) weeks thereafter. Accordingly, the writ petition is disposed of. There shall be no order as to costs. 6. As a sequel, pending applications, if any, shall stand closed. Sd/-B PRASADA RAO assistant registrar //TRUE COPY// I w ^ SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration And Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District, A.P. 2. The Commissioner, Municipal Corporation of Vijayawada, Bandar Road, Viiavawada. 3. One CC to Sri. Dasari Naveen Advocate [OPUC] 4. One CC to Sri. AS C Bose SC for Municipal Corporation [OPUC] 5. Two CCs to GP For Municipal Admin Urban Dev, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies GSC I HIGH COURT \ \ \ \ DATED:05/03/2025 ORDER WP.No.7622 of 2024 SrANDH^ 'i* 11 MAR 2025 a . Curwni Section DISPOSING THEWP WITHOUT COSTS