1 APHC010329262025 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: 16751/2025 Between: 1. AVULA ARUNA KUMARI @ NAGARAM ARUNA KUMARI, W/O NAGARAM SASI KUMAR, AGE 44YRS, R/O D.N0.6-12-1/D, PICHIREDDY THOPPU, L.A.SAGARAM, NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRI.SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2. THE TIRUPATI MUNICIPAL CORPORATION, REP BY ITS MUNICIPAL COMMISSIONER, TIRUPATI. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, to declare the action of the respondents in not issuing TDR certificate as per G.O.Ms.No.119 MA and UD Dept., Dt.28-03-2017 even after registering the Gift Deed in the name of the 2nd respondent on 12/10/2023 vide registered number 5624/2023 at Tirupati sub- registration office for the land covered in R.S.No.174/3 an extent of 250.83 Sq.Mts situated in Konkachenaihgunta, Akkarampalli Village, Tirupati Urban Mandal, is illegal, arbitrary and contrary to the provisions of G.O.Ms.No.119 MA 2 and UD Dept., Dt.28-03-2017 and consequently direct the 2nd respondent to issue TDR certificate as per G.O.Ms.No.119 MA and UD Dept., Dt.28-03-2017 for the land covered in R.S.No.174/3 an extent of 250.83 Sq.Mts Situated in Konkachenaihgunta, Akkarampalli Village Tirupati Urban Mandal and to pass such 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 may be pleased to direct the 2nd respondent to issue TDR Certificate as per G.O.Ms.No.119 MA & UD Dept., Dt.28-03-2017 pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. J RAVI KUMAR Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.16751 of 2025 O R D E R:- This present Writ Petition is filed seeking the following relief: “to declare the action of the Respondents in not issuing TDR certificate as per G.O.Ms.No.119 MA and UD Dept., Dt.28- 03-2017 even after registering the Gift Deed in the name of the 2nd respondent on 12/10/2023 vide registered number 5624/2023 at Tirupati Sub-Registration Office for the land covered in R.S.No.174/3 in an extent of 250.83 Sq.Mts situated in Konkachenaihgunta, Akkarampalli Village, Tirupati Urban Mandal, is illegal, arbitrary and contrary to the provisions of G.O.Ms.No.119 MA and UD Dept., Dt.28-03-2017 and consequently direct the 2nd respondent to issue TDR certificate as per G.O.Ms.No.119 MA and UD Dept., Dt.28-03-2017 for the land covered in R.S.No.174/3 an extent of 250.83 Sq.Mts Situated in Konkachenaihgunta, Akkarampalli Village Tirupati Urban Mandal”. 2. It is the case of the Petitioner that she is absolute owner of an extent of 250.83 Sq. Mts covered in R.S.No.174/3 in Konkachenaihgunta, Akkaramaplli Village, Tirupati Urban Mandal, having purchased the same under registered sale deed dated 27.08.2001 bearing Doc.No.4130/2001. While so, a Notice was issued by Respondent-Corporation calling upon the Petitioner to produce the 4 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 Deed for the purpose of TDR. The Petitioner had executed registered Gift Deed in favour of the Respondent-Corporation vide Document No. 5624/2023 dated 12.10.2023 for the extent mentioned above to enable the Respondent-Corporation to form 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 is no dispute regarding execution of Gift Deed by the Petitioner as the property mentioned above of the 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. The proposal for issuance of TDR in favour of the Petitioner was also placed before the said Scrutiny Committee and the Petitioner will be granted TDR soon after approval by the Scrutiny Committee. 4. Heard Sri J. Ravi Kumar, learned counsel for the Petitioner and learned 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. 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: 6 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 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 7 Rule for issuance of TDR. As the Gift Deed was executed nearly two years ago by the Petitioner, i.e. on 12.10.2023, 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 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. 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: 7.07.2025 eha 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No.16751 of 2025 Date: 7.07.2025 eha U