APHC010447632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22893/2024 Between: A Raja Sekhar Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. J RAVI KUMAR Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.22893 of 2024 O R D E R:- This writ petition is filed questioning the action of the Respondents in not issuing TDR Certificate even after execution of Gift Deed in favour of the 2nd Respondent on 21.04.2023 at Renugunta Sub-Registrar Office vide document No.2523/2023 for the land covered in R.S.No.252/2 to an extent of Ac.0.23 cents in D.No.22-4-82/B admeasuring 397.53 sq.mts or 4277.43 sq.ft. or 475.27 sq.yards and R.S.No.261 to an extent of Ac.0.43.25 cents admeasuring 741.37 sq.mts or 7977.14 sq.ft. or 886.35 sq.yards situated in Ward No.22, 4th Block, Karakambadi Main road-1 (Reddigunta) Commercial Area. 2. It is the case of the Petitioner that the above mentioned properties are ancestral properties and were allotted to the Petitioner in partition among his brothers vide settlement deed dated 20.06.2011 in Renugunta Sub-Registrar Office. 3. The Respondent-Corporation had proposed to form 60 feet master plan road from Karakambadi road opposite to Bharath 3 Petro Bunk besides D-Mart connecting 80 ft., master plan road from Guest Line Hotel Road to Brindavanam apartment backside connecting Sy.No.104 of Thimminaidupalem Village accounts passing through Sy.Nos.252, 253, 256, 261, 285, 286, 287 etc., of Thimminaidupalem village accounts. The Petitioner’s site admeasuring 397.53 Sq. Mts. in Sy.No.252/2 to an extent of 741.37 Sq. Mts. in Sy.No.261 were affected in the master plan road. 4. The Petitioner had executed registered gift deed in favour of the Respondent-Corporation vide Document No.2450/2023 dated 21.04.2023 for the extents mentioned above to enable the Respondent-Corporation to form roads as per the master plan. 5. Though gift deed is executed in favour of the Respondent- Corporation, TDR Certificates were not issued. Hence, the present writ petition. 6. In the counter filed by the Respondents, there is no dispute regarding execution of gift deed by the Petitioner, 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 4 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. 7. Heard Sri J.Ravi Kumar, learned counsel for the Petitioner and Government Pleader for Municipal Administration Urban Development for Respondents. 8. 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. 5 (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. 6 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. 9. 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 21.04.2023, 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 7 Committee shall examine the documents of the 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. 10. 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: 24.03.2025 KLP