APHC010338612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17392/2024 Between: Murari Vijaya Babu ...PETITIONER AND The State Of Andhra Pradesh & Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KILARU NITHIN KRISHNA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. J DILEEP KUMAR The Court made the following: 2 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.17392 of 2024 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondent No.3 in not issuing TDR Bond to the Writ Petitioner as compensation to the land of an extent of 161.25 Sq. Yards, situated in R.S.No.62/3A, Gunadala, Vijayawada, N.T.R. District, which was taken for road widening of Inner Ring Road, Vijayawada in spite of Letter vide File ROC.No.MAU61-DP0VIJ (OTH)/241/2023-DP, dated 01.09.2023 issued by the Respondent No.2. 2. The brief facts of the case are as follows:- The Petitioner claims to have purchased the land of an extent of 625 Sq. Yards, situated in R.S.No.62/3A, Gunadala, Vijayawada, N.T.R. District under a registered document bearing No.1493/2003, dated 09.06.2003 for consideration of Rs.1,87,500/-. It is stated that for the purpose of widening of the Inner Ring Road, Vijayawada, a part of the property of the Petitioner i.e. an extent of Ac.161.25 Sq. Yards was acquired by the Respondent authorities. As the Petitioner is a permanent resident of U.S.A, she was unaware of the said fact and eventually on being informed of the same a representation was made on 07.07.2017 to the Respondent No.2 vide Letter dated 15.06.2023 and on examination of the claim of the Petitioner, a recommendation was made by the Respondent No.2 to take necessary action to issue TDR Bond to the Writ Petitioner. As no action is being initiated by the Respondent No.3, the present Writ Petition is filed. 3 3. The Respondent No.3 filed Counter Affidavit, wherein it is mentioned that the representation of the Writ Petitioner is being considered for grant of TDR Bond and it is under consideration of the Committee constituted for that purpose vide Memo No.2250050/M2/2023, dated 30.01.2023. It is further stated that the T.D.Rs will be issued as compensation soon after the approval of the Committee. 4. Heard Sri Kilaru Nithin Krishna, learned counsel for the Petitioner and Government Pleader for Municipal Administration Urban Development for Respondents. 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. 4 (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) 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. 5 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 the aspects before issuing TDR by meeting fortnightly. However, no outer time limit was prescribed in the amended Rule for issuance of TDR. The land of the Writ Petitioner was taken possession long back and it would be appropriate to dispose of the Writ Petition as follows: (i) The Respondent No.3 is directed to place the file of the Writ Petitioner before the Scrutiny Committee forthwith and the Scrutiny Committee shall examine the documents of the Writ Petitioner and accordingly consider issuance of TDR within an outer time limit of four (04) months from the date of receipt of a copy of this Order. 6 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 27.03.2025 IS 7 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.17392 of 2024 Date: 27.03.2025 IS