APHC010076092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4122/2025 Between: 1. T CHANDRASEKHAR REDDY, S/O.T.DORASWAMY REDDY, RESIDING AT D.NO. 19-04-3/2E, STV NAGAR, TIMPATI (URBAN), ANDHRA PRADESH -517 501. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, AMARAVATHI. 2. THE DIRECTORATE OF TOWN AND COUNTRY PLANNING, REP. BY ITS DIRECTOR, MGM CAPITAL BUILDING, GROUND FLOOR, NH16 SERVICE ROAD, MANGALAGIII, GUNTUR - 522 503 3. THE TIRUPATHI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, TIRUPATHI, TIRUPATHI DISTRICT. 4. ADDITIONAL COMMISSIONER, TIRUPATHI MUNICIPAL CORPORATION, TIRUPATHI ...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 a writ more particularly in the form of Writ of Mandamus declaring the inaction of the respondents in acquiring the private lands of the petitioner upto an extent ofl05.14 Sq.Yds of Tirupati Registration 2 HN, J W.P.No.4122_2025 District, Tirupathi Urban Mandal, Tirupathi Municipal Corporation, Ward No. 19, Sy.No.l34/3A, 3B near Door N0.19-4-3H/13A9 and in not issuing TDR Bonds as per G.O.Ms.No.l 19, MA and UD Department dated 28.03.2017 and G.O.Ms.No.223 MA and UD Dept., Dt.09.07.2018, even after execution of the Registered Gift Deed dated 05.12.2022 in favour of the 3rd respondent asperse illegal, manifestly arbitrary, unreasonable, irrational, perverse, unfair, biased, preposterous, whimsical, capricious, unconscionable, unconstitutional besides being violative of Principles of Natural Justice besides being opposed to the very spirit and object of Justice and Fair-play and Fundamental Rights guaranteed under Article 14, 19, 21 and 300A of the Constitution of India and to consequentially direct the respondents to forthwith issue the TDR Bonds or in the contrary to pay compensation by initiating procedure as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Actand to 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 to issue TDR Bonds for the private lands of the petitioner upto extent of 105.14 Sq.Yds of Tirupati Registration District, Tirupathi Urban Mandal, Tirupathi Municipal Corporation, Ward No. 19, Sy.No.l34/3A, 3B Door N0.19-4-3H/13A9 , pending disposal of the writ petition and pass Counsel for the Petitioner: 1. VMR LEGAL 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 3 HN, J W.P.No.4122_2025 ORDER: 1. The petitioner is aggrieved by the inaction on the part of respondent No.3 in issuing TDR bonds, inspite of the petitioner having executed a registered gift deed dated 05.12.2022 in favor of the 3rd respondent. The petitioner executed a registered gift deed, transferring title of land to an extent of 105.14 square yards. 2. The 3rd respondent had issued a notice in the month of October 2022, calling upon the petitioner to execute a gift deed in favor of the 3rd respondent to facilitate utilization of the said land for public purposes such as laying of roads. 3. The learned counsel for the petitioner submits that the petitioner is entitled for TDR bonds, and in accordance with G.O.Ms.No.119, dated 28.03.2017 and G.O.Ms.No.223, dated 09.07.2018, the petitioner is eligible for the grant of TDR bonds. 4. The learned counsel appearing for the 3rd respondent submits that the TDR bonds were not issued to the petitioner as the gift deed executed clearly states that the property was transferred without any consideration. It is also stated that TDR bonds, being a form of compensation, would not be granted if the building was constructed unauthorizedly without leaving the required road widening portion. 5. Para 5 of the writ affidavit make it clear that the petitioner submitted the gift deed dated 05.12.2022 for road widening purposes voluntarily, without there being any approved road development plan. 4 HN, J W.P.No.4122_2025 6. Heard the learned counsel for the petitioner and the learned counsel appearing for the 3rd respondent. Perused the record. The notice calling upon the petitioner to execute the gift deed, bearing Roc.No.1833/2018/G1, issue in October 2022, stands in contradiction to the stand now taken by 3rd respondent in their counter, wherein they deny the grant of TDR certificates. The record clearly shows that the property was required for public purposes, namely, laying of roads. It is not in dispute that the petitioner has executed a registered gift deed as desired by 3rd respondent and that such execution has been duly informed to the authorities by the petitioner. 7. In such circumstances, the denial of TDR certificates to the petitioner is unsustainable, and accordingly, there shall be a direction to respondent No.3 to verify the gift deed and issue TDR bonds in proportion to the land gifted within a period of eight (08) weeks from the date of the receipt of this order. Accordingly, the present writ petition is allowed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 15.09.2025 NKA 5 HN, J W.P.No.4122_2025 206 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4122 of 2025 Date: 15.09.2025 NKA