r IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY WRIT PETITION NO: 17994 OF 2024 Between: Timmapuram Rajesh Reddy, S/o. T.V.Raghunatha Reddy, Age 55 years, R/o. D.No.20-3-5d/2, Siva Jyothi Nagar, Tirupati, Chittoor District. ...PETITIONER AND The State of Andhra Pradesh, rep by its Prl. Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The Tirupati Municipal Corporation, rep by its Municipal Commissioner Tirupati. The Deputy City Planner, Municipal Corporation, Tirupati. 1. 2. 3. ...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 order direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents laying roads in my land covered in R.S.No.699/2A an extent of 277.27 Sq.Yards without following the procedure and subsequent issue of endorsement Dt.23/02/2024 by the respondents on my complaint through spandana Dt. 19/02/2024 as illegal, arbitrary and contrary to the provisions of G.O.M.S.No.119 M.A.and U.D Dt.28/03/2017 and consequently direct the respondents to issue TDR Bonds as per G.O.M.S.No.119 M.A.and U.D Dt.28/03/2017. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to complete the procedure laid in G.O.M.S.No.119 M.A. and U.D Dt.28/03/2017 pending disposal of the above writ petition. Counsel for the Petitioner : SRI J. RAVI KUMAR Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI P. VENGALA REDDY SC FOR MUNICIPALITY The Court made the following: ORDER APHC010471532024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17994/2024 Between; Timmapuram Rajesh 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 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17994/2024 ORDER: The above writ petition is filed to declare the action of the respondents in laying roads in the petitioners property for an extent of Ac.277.27 Sq.Yards in R.S.N0.699/2A without following the procedure and subsequent issue of endorsement dated 23.02.2024 by the respondents, as illegal, arbitrary and contrary to the provisions of G.O.Ms.No.119 MA & UD dated 28.03.2017 and consequently issue TDR bonds. 2. The petitioner traces his right to the scheduled property through his father. According to the petitioner, the above mentioned property was acquired by the father and after his death, the petitioner succeeded to the same. It is stated that without referring to the procedure under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the respondent authorities had laid roads in the property. It is in this context, the present writ petition is filed. 3. The above case was adjourned for eleven times, no counter-affidavit was filed nor any instructions were provided to the Court. 4. Heard Sri J.Ravi Kumar, learned counsel for the Petitioner and Government Pleader for Municipal Administration Urban Development for Respondents. 3 5. The 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, /CommissionerA/ice Chairperson is the competent to approve the Road Development Plan/Circulation Plan and issue TDR. (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) Additional 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. 4 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. 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. 6. As per the above extracted Rule, the officials named above as regards r Urban Development Authorities shall scrutinize the claim of the petitioner and accordingly consider issuance of TDR. However, as no time limit was prescribed under the above extracted rule for issuance to TDR, this Court is of the opinion that it would be appropriate to fix some time limit and dispose of the writ petition with the following directions: (>) The petitioner shall submit a representation along with documents nd establishing right and title with regard to the property in question to the 2 5 respondent within a period of four (04) weeks from the date of receipt of copy of the order. 1 (ii) On receipt of such representation along with necessary documents referred above, the 2'''’ respondent shall forward the same to the Scrutiny Committee constituted under Rule 169(3) of Andhra Pradesh Building Rules, 2017 within a period of two (02) weeks thereafter, (iii) On receipt the Scrutiny Committee shall examine the representation of the petitioner’s along with the documents enclosed and accordingly consider the issuance of TDR within an outer lime of six (06) months from the date of reference. as 7. With the above direction, the writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Municipal Commissioner, Tirupati Municipal Corporation, Tirupati. 3. The Deputy City Planner, Municipal Corporation Tirupati. 4. One C'C to Sri J. Ravi Kumar, Advocate [OPUC] 5. Two CCs to GP for Municipal AdrriA and Urban Development, High Court of Andhra Pradesh. [OUT] 6. One CC to Sri P. Vengala Reddy, SC for Municipality (OPUC) 7. Three C.D. Copies. Cnr HIGH COURT DATED:01/05/2025 ORDER WP.No.17994of2024 . Current Seciion . DISPOSING OF THE W.P. WITHOUT COSTS