APHC010220472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY ,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11063/2025 Between: 1. KEERTHIPATI SANKARA RAJU, S/O K.RAMARAJU,AGED ABOUT 64YEARS, RESIDING AT FLAT.NO.203, KENNADY NAGAR,V N R PLAZA, TIRUPATI TOWN,TIRUPATI URBAN MANDAL,TIRUPATI DISTRICT, A.P 517501. 2. KEERTHIPATI SANKARA RAJU, S/O K.RAMARAJU,AGED ABOUT 61 YEARS, RESIDING AT D/NO.4- 10,B.P.RACHAPALLI, BOMMAVARAM, ANNAMAYYA DISTRICT, A.P 516110. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. MUNICIPAL CORPORATION OF TIRUPATHI, REP. BY ITS COMMISSIONER TIRUPATI, ANDHRA PRADESH 517501 2 ...RESPONDENT(S): 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 topleased to issue appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of Respondent in not granting TDR bonds as agreed, having obtained gift deed vide Doc. No. 4982 /2023 dated 08-09-2023 in respect of land admeasuring 153.21 Sq. Mts in Sy. No. 165/2 of Konkachennaigunta village, Tirupati, which was utilized for formation of 100ft road as per master plan, as arbitrary, illegal, unconstitutional and in violation of well settled principles of Natural Justice and to pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioner(S): 1. GALLA SUDARSANA RAO Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.11603 of 2025 O R D E R:- This writ petition is filed questioning the action of the Respondents in not issuing TDR Certificates even after execution of Gift Deeds in favour of the 2nd Respondent vide Doc.No.4982/2023 dated 08.09.2023 for the land covered admeasuring 153.21 square meters in Sy.No.165/2 of Konkachennaigunta Village, Tirupati. 2. It is the case of the Petitioners that they are the absolute owners of the property having purchased the same under registered sale deeds dated 24.12.2001 bearing Doc.No.6414/2001. While so, a notice dated 19.01.2023 was issued by Respondent-Corporation calling upon the Petitioners to produce documents as the property was likely to be affected in the formation of 100 feet road. After examination of the respective documents, the Petitioners were called upon to execute gift deeds for the purpose of TDRs. The Petitioners have executed registered gift deeds in favour of the Respondent- Corporation vide Document No.4982/2023 dated 08.09.2023 for 4 the extents mentioned above to enable the Respondent- Corporation to form road as per the master plan. Though gift deeds are executed in favour of the Respondent-Corporation, TDR Certificates were not issued. Hence, the present writ petition. 3. Learned standing counsel on instructions submits that there is no dispute regarding execution of gift deed by the Petitioners as the property mentioned above of the petitioners are affecting in formation of roads, but it is stated that the Government vide memo No.2250050/M2/2023 dated 30.10.2023 constituted a Scrutiny Committee for issuance of TDRs to the persons whose sites are affected in the master plan roads by duly verifying the sale transactions so far made on the subject property. The proposal for issuance of TDRs in favour of the Petitioners was also placed before the said Scrutiny Committee and the Petitioners will be granted TDRs soon after approval by the Scrutiny Committee. 4. Heard Sri Galla Sudarsana Rao, learned counsel for the Petitioners and Government Pleader for Municipal Administration Urban Development for Respondents. 5 5. Chapter XII of the Andhra Pradesh Building Rules provides guidelines for issuance of TDRs. Subsequent to the institution of the writ petition, G.O.Ms.No.4 MAUD(M) Department dated 09.01.2025 was issued by the State bringing certain amendments to the Andhra Pradesh Building Rules, 2017. The Rule 169 (3) (a) which is relevant to the present case was amended as under: XIV. In Rule 169,- (1) for sub-rule (3), the following shall be substituted, namely,- "(3) (a) In case of ULBS, the Municipal Commissioner is competent to approve the Road Development Plan/Circulation Plan and to issue TDR as per Rules. (b)In case of UDAS, the Metropolitan Commissioner, /Commissioner/Vice Chairperson is the competent to approve the Road Development Plan/Circulation Plan and issue TDR. (c) The following committee shall scrutinize all aspects before issuance of TDR by meeting on a fortnightly basis the concern Town Planning Section Head shall notify the TDR proposal, before placing it in the committee, by way of paper notification to be given and within as stipulated period of 7 days, any claims and objections which may arise also to be placed before the committee. 1.The committee at ULB level will consist of the following officials: a) Municipal Commissioner concerned - Chairperson. 6 b) RDDTP of concerned region. c) Addítional Commissioner, Revenue In-Charge. d) ULB town planning head - Convenor 2. The Committee at UDA's / MRDA will consist of the following officials: a) Commissioner, CRDA / Metropolitan Commissioner, VMRDA / V.C. of the UDA - Chairperson. b) RDDTP of concerned region. c) Town planning head of the UDA concerned - convenor. 3.The above committees shall scrutinize all aspects before issuance of TDR. Before issuance of TDR the following aspects shall be mandatorily checked: Ownership of land. Extent of land affected. Whether it is required to issue TDR as per rules. Valuation of TDR. Any master plan issues Whether any other benefits were received earlier etc. After dealing with objections, if any received from the General Public only TDR's shall be issued duly verifying the draft gift deed." The said committee will take decision collectively either by conducting a meeting or through circulation of the file in online portal. The SLA period will be fixed separately for each member. The deemed provision shall be enabled in the Online portal. In case of the deemed approval, if it is 7 found at later date that, the TDR is issued erroneously, the concerned will be held responsible and liable for disciplinary action. Further, if any of the Committee member rejects the proposal without proper justification and recording the reasons shall not be considered. The detailed guidelines governing these rules will be issued separately. 6. As per the above extracted Rule, the Officials named above as regards Urban Development Authorities will scrutinize all aspects before issuing TDR by meeting fortnightly. However, no outer time limit was prescribed in the amended Rule for issuance of TDRs. As the gift deeds were executed nearly two years ago by the Petitioners, i.e. on 08.09.2023, it would be appropriate to dispose of the writ petition as follows: (i) The Respondent No.2 is directed to place the file of the Petitioners before the Scrutiny Committee forthwith and the Scrutiny Committee shall examine the documents of the Petitioners and accordingly consider issuance of TDRs within an outer time limit of two (02) months from the date of receipt of a copy of this order. 8 7. With the above direction, the writ petition is disposed of. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 27.06.2025 KLP 9 //TRUE COPY// NYAPATHY VIJAY,J To, 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. MUNICIPAL CORPORATION OF TIRUPATHI, REP. BY ITS COMMISSIONER TIRUPATI, ANDHRA PRADESH 517501 3. Two CD Copies 10 HIGH COURT VNJ DATED:27/06/2025 ORDER WP 11063/2025