> APHCO-10445312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N V WRIT PETITION No: 22622 OF 2025 Ohi o \\ Between: Chimakurthi Raghuram, S/o. Venkateswarlu, aged about 61 6-216/b, Sree Nagar 4*'" Line, Opp; Navabharat Buildings, Ongole, Prakasam District. years, R/o. ...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 pleased to issue a Writ or order or direction more particularly one in the nature of WR/T OF MANDAMUS declaring the action of the 2^^^ respondent in a) giving markings to petitioner's property i.e. 46.3 sq. yards of land in T.S. No. 423 along with G +1 RCC roof structure with D.No.37-1-281, Assessment No. 1035017023, Trunk Road, Ongole, b) pressurising the petitioner to nd accept TDR certificates by handing over the said property to the 2 respondent for proposed road widening of the Trunk Road from Church Centre to Keerthi Medical Shop to a width of 100 feet as per the Master Plan, and c) initiating steps to demolish said property of the petitioner by dispossessing from the land, 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 property 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 High Court may be pleased to direct the 2"^^ respondent and its staff not to interfere with possession enjoyment of 1®' petitioner’s property i.e. 46.3 sq. yards of land in T.S. No. 423 along with G+1 RCC roof structure with D.No.37-1-281, Assessment No. 1035017023, near Trunk Road, Ongole in any manner including trespass, dispossession, demolition or blocking the ingress/egress from shops, or canvassing to stop the customers. 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: A S C BOSE (SC FOR MUNICIPAL CORPORATIONS The Court made the following order: .. APHC010445312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22622/2025 Between: 1.CHIMAKURTHI RAGHURAM, S/0 VENKATESWARLU, AGED ABOUT R/0 6-216/B, SREE NAGAR 4TH LINE OPP 61 YEARS, NAVABHARAT BUILDrNGS, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL DEPARTMENT AND SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT, SECRETARY, 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. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2.GP MUNCIPAL ADMN AND URBAN DEVAP The Court made the following: r ORDER:- The petitioner is aggrieved by the action of the 2'^'^ respondent in marking the petitioner’s property admeasuring 46.3 square yards of land in r T.S.No.423 along with a RCC roof G+1 structure, wherein the petitioner is running a shop bearing Door No.37-1-281, Assessment No.1035017023. The learned counsel for the petitioner submits that the petitioner is respondent and their officers to accept the TDR 2. nd pressurized by the 2 certificates in return for handing over 46.3 square yards property for the purpose of road widening. It is submitted that the respondent authorities cannot force the petitioner to accept TDR bonds while acquiring the property belonging to the petitioner for public purposes. It is also submitted that the TDR bonds would not meet the requirements of the petitioner as an alternative to compensation for the land acquired. 3. The learned counsel for the petitioner further submits that the 2"^^ respondent would have to follow the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in the event the respondent authorities intend to acquire any portion of the petitioner’s land for public purposes. 4. The learned Standing Counsel appearing for the 2"'^ respondent submits that the petitioner is issued a notice under Sections 145 and 146 of the Andhra Pradesh Municipal Corporation Act, 1955, and objections of the petitioner are called for, indicating that the petitioner would be issued TDR bonds @1 ;4 which can be utilized by the petitioner or could be put to sale and lit 3 liquidated subsequently. It is also submitted that the respondent authorities contemplated under Sections 145 and 146 of the 1955 and accordingly this writ petition can be of the learned Standing Counsel shall follow the provisions of Chapter V of the would follow the procedure Municipal Corporation Act, disposed of by recording the submissions that the respondent authorities Municipal Corporation Act, 1955 relating to acquisition of properly. The 147 of the Municipal Corporation Act, 1955 relate to Sections 145, 146 and the power and procedure for acquisition of immovable property, learned counsel for the petitioner and the learned Standing 5. Heard the Counsel for the 2"^ respondent. 146 deals with acquisition of immovable property by agreement, deals with procedure when immovable property cannot be 6. Section 7. Section 147 acquired by agreement. Section 145 empowers the Corporation to acquire any property on 8. payment of compensation. The insistence of the 2 respondent in indicating the TDR bonds as land affected and required for public purpose would amount an nd 9. alternative for the to coercive tactics of the respondent authorities. In view of Section 147 of the Act of the Municipal Corporation, the 10. Fair Compensation and Transparency in Land and Resettlement Act, 2013, would have to be provisions of the Right to Acquisition, Rehabilitation followed by the respondent authorities. It is always open to the essentially petitioner to accept the offer of TDR bonds. However, in cases where the 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 11. acquiring the land of the petitioner. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration & Urban Development Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Ongole Municipal Corporation, Ongole Municipal Corporation Office, Opp: Church Center, Ongole. 3. One CC to Sri Sasanka Bhuvanagiri, Advocate [OPUC] 4. Two CCS to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] 5. One CC to Sri A.S.C.Bose, SC for Municipal Corporations.[OPUC ] 6. Two CD Copies. ssb HIGH COURT DATED:23/09/2025 ORDER WP No.22622 OF 2025 rrentSecti* <2 DISPOSING THE WRIT PETITION WITHOUT COSTS