I APHC010465962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No: 23588 OF 2025 Between: Verna Sambasiva Rao, S/o.Chenchaiah, aged about 59 years, R/o.20-1-192, nd Floor, Old Market Center, Ganuga Palem, Ongole, Sai Surya Towers, 2 Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration Department and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Ongole Municipal Corporation, Rep. By its Commissioner, Ongole Municipal Corporation Office, Opp: Church Center, Ongole. ...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 to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2"^^ respondent in a) giving markings to petitioners properties i.e i) 21 sq. yards of land along with a RCC Gplus3 Structure with D.No.37-1-249, Assessment No. 1035016864, T.S.No. 366, Trunk Road, Ongole, Prakasam District and ii) i.e 15.3/9 sq.yards of land D.No.37-1-249, Assessment No. Prakasam District. with Rcc Ground floor structure with 1035016868, T.S.No.366, Trunk Road, Ongole r b) pressurising the petitioner to accept TDR certificates by handing over the respondent for proposed road widening of the Trunk Church Centre to Keerthi Medical Shop to a width of 100 feet as nd s&id properties to the 2 Road from per the Master Plan, and c) initiating steps to dispossess petitioner from the land I-of said properties by demolishing the structures without following the procedure under The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 as illegal, arbitrary, unconstitutional and consequently direct the Respondent No.2 not to interfere with the possession and ownership of Petitioner over his properties without following the procedure contemplated under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 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 Fligh Court may be pleased to respondent and its staff not to interfere with possession nd direct the 2 enjoyment of petitioner over his properties i.e i) 21 sq. yards of land along with a RCC G+3 Structure with D.No.37-1-249, Assessment No. 1035016864, Road, Ongole, Prakasam District and ii) i.e 15.3/9 land with Rcc Ground floor structure with D.No.37-1-249, T.S.No.366, Trunk sq.yards of Assessment No. 1035016868, T.S.No.366, Trunk Road, Ongole, Prakasam District in any manner including trespass, dispossession, demolition or blocking the ingress/egress from property. Counsel for the Petitioner: SRI SASANKA BHUVANAGIRI Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATION The Court made the following APHC010465962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] In' MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23588/2025 Between: 1.VERNA SAMBASIVA RAO,, S/0 CHENCHAiAH, AGED ABOUT 59 YEARS, R/0 20-1-192, SAI SURYA TOWERS, 2ND FLOOR. OLD MARKET CENTER, DISTRICT. GANUGA PALEM, ONGOLE, PRAKASAM ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT, MUNICIPAL PRINCIPAL SECRETARY DEPARTMENT AND SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE ONGOLE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ONGOLE MUNICIPAL CORPORATION OFFICE, OPP. CHURCH CENTER, ONGOLE. ...RESPONDENT(S): Counsel for the Petitioner: 1.SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1 GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER:- The petitioner is aggrieved by the action of the 2- respondent in marking the petitioner’s property admeasuring 21 square yards of land in T,S.No.366 along with a RCC G+3 structure, wherein the petitioner is running a shop bearing Door No.37-1-249. 2. The learned counsel for the petitioner submits that the petitioner is and their officers to accept the TDR pressurized by the 2'^^ respondent certificates in return for handing over 21 square yards property for the purpose of road widening. It is submitted that the respondent authorities cannot force TDR bonds while acquiring the property belonging to the petitioner to accept the petitioner for public purposes meet the requirements of the petitioner as . It is also submitted that the TDR bonds an alternative to would not compensation for the land acquired, learned counsel for the petitioner further submits that the 3. The of the Right to Fair 2'''^ respondent would have to follow the provisions and Transparency in Land Acquisition, Rehabilitation and Compensation Resettlement Act, 2013, in the event the respondent authorities intend to portion of the petitioner’s land for public purposes. Standing Counsel appearing for the 2"^ respondent submits ice under Sections 145 and 146 of the acquire any 4. The learned that the petitioner is issued a notice Andhra petitioner are called for, indicating bonds @T.4 which can Pradesh Municipal Corporation Act, 1955, and objections of the that the petitioner would be issued TDR be utilized by the petitioner or could be put to sale and 3 liquidated subsequently. It Is also submitted that the respondent authorities would follow the procedure contemplated under Sections 145 Municipal Corporation Act, 1955 and and 146 of the accordingly this writ petition can be disposed of by recording the submissions of the learned Standing Counsel that the respondent authorities shall follow the provisions of Chapter V of the Municipal Corporation Act, 1955 relating to acquisition of property. The Sections 145, 146 and 147 of the Municipal Corporation Act, 1955 relate to the power and procedure for acquisition of immovable property. 5. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 2'""' respondent. Section 146 deals with acquisition of immovable property by agreement. Section 147 deals with procedure when immovable property cannot be acquired by agreement. Section 145 empowers the Corporation to payment of compensation. 9. The insistence of the 2^"' respondent in indicating the TDR bonds alternative for the land affected and required for public purpose would to coercive tactics of the respondent authorities. In view of Section 147 of the Act of the Municipal Corporation, the provisions of the Right to Fair Compensation and Transparency in Land Acquisition. Rehabilitation and Resettlement Act, 2013, would have to be essentially followed by the respondent authorities. It is always open to the petitioner to accept the offer of TDR bonds. However, in cases where the 6. 7. 8. acquire any property on as an amount 10. 4 landowners do not accept the TDR bonds offered by the respondent authorities, the respondent authorities would have to follow the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. On these considerations, the writ petition is disposed off directing the respondent authorities not to disturb the possession and enjoyment of the petitioner property without following due process of law, making it further clear that the respondent authorities shall have to follow the Act 30 of 13 while acquiring the land of the petitioner. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. 11. 12. Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTIoJj^FFICER & Urban Development Buildings, To, 1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh Secretariat Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Ongole Municipal Corporation Corporation Office, Opp: Church Center , Ongole Municipal Ongole. 3. One CC to Sri Sasanka Bhuvanagiri, Advocate 4. Two CCs to GP for Municipal Administration High Court of Andhra Pradesh. [OUT] 5. One CC to Sri A.S.C.Bose, SC for Municipal Corporation 6. Two CD Copies. [OPUC] & Urban Development, . [OPUC] ssb HIGH COURT DATED:08/09/2025 ORDER WP No.23588 OF 2025 I 2 3 SfP 2075 m| . Current Section ^^ggsPATogy DISPOSING THE WRIT PETITION WITHOUT COSTS