1 APHC010478812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24290/2025 Between: 1. KONDAVALASA NARASINGA RAO, S/O. LATE SOMULU, AGED 79 YEARS, RESIDING AT D.NO-6-64, PADMANABHAPURAM NEAR HANUMAN TEMPLE,VENKATAPURAM, GOPALAPATNAM MANDAL, VISAKHAPATNAMDISTRICT - 530 029. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI ANDHRA PRADESH - 522 238 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, TENNETI BHAVAN, ASILMETTA JUNCTION, VISAKHAPATNAM - 530 003 3. THE EXECUTIVE ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, ZONE-VIII, VISAKHAPATNAM. 4. THE DEPUTY EXECUTIVE ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION ZONE-VIII, VISAKHAPATNAM. 5. THE ASSISTANT ENGINEER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, ZONE-VIII, VISAKHAPATNAM. 6. THE ASSISTANT CITY PLANNER ZONEVIII, GREATER VISAKHAPATNAM MUNICIPAL COPORATION, O/O. THE TOWN PLANNING SECTION, ZONE-VIII, VEPAGUNTA, VISAKHAPATNAM. ...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 an order or direction, in the nature of writ of Mandamus declaring the action of the respondents more particularly 2nd respondent in granting work order vide Rc.No.2025-Eng08-92-101 dated 28- 2 05-2025 for construction of Strong Water drain near Panchamukhi Anjaneya Swamy Temple to downstream connecting Venkatapuram main drain in Kamparapalem in petitioners land admeasuring an extent of Ac 1.66 cents in Sy.No.76/5 of Venkatapuram Village, Gopalapatnam Mandal, Visakhapatnam District without paying compensation or issuing Transferable Development Rights (TDR) is illegal, arbitrary and unconstitutional and consequently direct the respondents No.2 to 6 not to proceed the construction of Strong Water drain near Panchamukhi Anjaneya Swamy Temple to downstream connecting Venkatapuram main drain in Kamparapalem in petitioners land admeasuring an extent of Ac 1.66 cents in Sy.No.76/5 of Venkatapuram Village, Gopalapatnam Mandal, Visakhapatnam District and pass 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 pleased to direct the respondents No.2 to 6 not to proceed the construction of “Strong Water drain near Panchamukhi Anjaneya Swamy Temple to downstream connecting Venkatapuram main drain in Kamparapalem” in petitioner’s land admeasuring an extent of Ac 1.66 cents in Sy.No.76/5 of Venkatapuram Village, Gopalapatnam Mandal, Visakhapatnam District, without paying compensation or issuing TDR, pending disposal of the writ petition. IA NO: 2 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 pleased to stay the work order issued by the 2^^ respondent in Rc.No.2025- Eng08-92-101, dated 28-05-2025 for construction of “Strong Water drain near Panchamukhi Anjaneya Swamy Temple to downstream connecting Venkatapuram main drain in Kamparapalem” in petitioner’s land admeasuring an extent of Ac 1.66 cents in Sy.No.76/5 of Venkatapuram Village, Gopalapatnam Mandal, Visakhapatnam District, pending disposal of the writ petition. Counsel for the Petitioner: 1. NARASIMHA REDDY. G . L Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24290 of 2025 ORDER: 1. The petitioner is aggrieved by the proposal of the 2nd respondent to undertake the construction of a storm water drain near Panchamukhi ANjaneya Swamy Temple, connecting to the Venkatapuram main drain in Kamparapalem. 2. It is submitted that in the said process, the petitioner’s land admeasuring Ac.1.66 cents in Survey No.76/5 of Venkatapuram Village would be affected. It is submitted that the respondents are proceeding with the said construction by taking over the petitioner’s land without issuing any TDR bonds or following the provisions of the Andhra Pradesh Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013). 3. The learned counsel appearing for the petitioner submits that the Executive Engineer, GVMC, vide office note dated 05.03.2020, had informed the Commissioner, GVMC, and other officers to necessitate the construction of the drain and also advised the concerned authorities to acquire the land required for the said construction by awarding compensation or TDR bonds for the affected portion of land. It is submitted that the respondent authorities are now trying to construct over the land of the petitioner without awarding any compensation or issuing TDR bonds. 4. The learned Standing counsel for the respondent Nos.2 to 6, on instructions, submits that the respondent shall follow the due process of law 4 acquiring the petitioner’s land if required for the construction of the storm water drain. 5. Recording the submissions, the present writ petition is disposed off with a direction to the respondents to follow the due process of law for acquisition of the petitioner’s property required for the construction of storm water drain as proposed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:22.09.2025 NKA 5 47 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24290 of 2025 Date: 22.09.2025 NKA