APHC010220522025 N IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) .S'n % 'll FRIDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11051 OF 2025 Between: C. Vasudha, W/o S.Chengal Raju, Aged about 51 years, R/o D.No. 20-3- 315/J, Siva Jyothi Nagar, Tirupati Town, Tirupati Urban Mandal, Tirupati District, A.P - 517501 ...PETITIONER 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 ...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 appropriate writ, order or direction more particularly the nature of writ of Mandamus declaring the action of Respondent in not granting TDR bonds as agreed, having obtained gift deed vide 3535/2023 dated 01-07-2023 in respect of land admeasuring 77.12 Sq. Mts in Sy. No. 165/2 of Konkachennaigunta village, Tirupati, which was utilized for one in Doc. No. formation of 100ft road as per master plan, as arbitrary, illegal, unconstitutional and in violation of well settled principles of Natural Justice. lA 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 to grant TDRs forthwith in respect of land admeasuring 77.12 Sq. Mts in Sy. No. 165/2 of Konkachennaigunta village, Tirupati pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI GALLA SUDARSANA RAO Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2; SRI P. VENGALA REDDY, SC FOR MUNICIPAL CORPORATION The Court made the following order: APHC010220522025 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: 11051/2025 Between: 1.C VASUDHA, W/O S.CHENGAL RAJU, AGED ABOUT 51 YEARS, R/O D.NO. 20-3-315/J, SIVA JYOTHI NAGAR, TIRUPATI TOWN, TIRUPATI URBAN MANDAL, TIRUPATI DISTRICT, A.P-517501 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT, VELAGAPUDI, DEPARTMENT, AMARAVATI, GUNTUR DISTRICT. 2.MUNICIPAL CORPORATION OF TIRUPATHI, REP. BY ITS COMMISSIONER TIRUPATI, ANDHRA PRADESH 517501 ...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 2 1 TDR bonds as agreed, having obtained gift deed vide 3535/2023 dated 01-07-2023 in respect of land admeasuring 77.12 Sq. Mts in Sy. No. 165/2 of Konkachennaigunta village, Tirupati, which was utilized for formation of 100ft road master plan, as arbitrary, illegal, unconstitutional and in violation of well settled principles of Natural Justice and to pass lA NO: 1 OF 2025 Doc. No. as per 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 pleased to direct the respondent authorities to continue the services of the petitioner by suspending the Proceedings No. 1187/SRDS/PM- HR/2021 dated 21-10-2021 and RC No. 15/2021/SPL. Social Audit/DVC, dated 19-04-2021 of the 2nd and 3rd respondent authorities, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1 .GALLA SUDARSANA RAO Counsel for the Respondent(S): 1POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following; HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.11051 of 2025 ORDER:- This writ petition is filed questioning the action of the Respondents in not issuing TDR Certificates even after execution of Gift Deed in favour of the 2"^^ Respondent on 01.07.2023 vide Doc.No.3535/2023 for the land covered admeasuring 77.12 square meters in Sy.No. 165/2 of Konkachennaigunta Village, Tirupati. It is the case of the Petitioner that he is the absolute owner 2. of the property having purchased the same under registered sale deed dated 12.01.2022 bearing Doc.No. 171/2022. While so, a notice dated 19.01.2023 was issued by Respondent-Corporation calling upon the Petitioner to produce the documents as the property was likely to be affected in the formation of 100 feet road. After examination of the respective documents, the Petitioner was called upon to execute gift deeds for the purpose of TDR. The Petitioner had executed registered gift deed in favour of the Respondent-Corporation vide Document No. 1 3535/2023 dated 01.07.2023 for the extents enable the Respondent-Corporation to form mentioned above to road as per the master plan. Though gift deed is 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 no dispute regarding execution of gift deed by the Petitioner the property mentioned above of the IS as petitioner is 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, proposal for issuance of TDR in favour of the Petitioner The was also placed before the said Scrutiny Committee and the Petitioner be granted TDR soon after approval by the Scrutiny Committee. will 4. Heard Sri Galla Sudarsana Rao, learned counsel for Petitioner and Government Pleader for Municipal Administration Urban Development for Respondents. the 3 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)ln case of UDAS, the Metropolitan Commissioner, /CommissionerA/ice 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. 4 b) RDDTP of concerned region, c) Additional 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 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 the 5 ' 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. \ 1 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 TDR. As the gift deed was executed nearly two years ago by the Petitioner, i.e. on 01.07.2023, it would be appropriate to 6. \ dispose of the writ petition as follows: (i) The Respondent No.2 is directed to place the file of the Petitioner before the Scrutiny Committee forthwith and the Scrutiny Committee shall examine the documents of the Petitioner and accordingly consider issuance of TDR within an outer time limit of two (02) months from the date of receipt of a copy of this order. 6 \ 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. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government Municipal Administration and Urban Development Department. State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Municipal Corporation of Tirupathi, Tirupati, Andhra Pradesh 517501 3. One CC to Sri Galla Sudarsana Rao, Advocate [OPUC] 4. One CC to Sri P. Vengala Reddy, SC for Municipal Corporation [OPUC] 5. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 6. Two CD Copies ssb \- V HIGH COURT ! \ \ \ V \ 1 DATED:27/06/2025 ORDER WP No. 11051 OF 2025 disposing of the w.p. without costs