IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2385 OF 2025 Between: 1. Satti Jyotikumar Reddy, S/o.Late Venkat Reddy R/o. Flat No. 101 Harihara Residency, Sitaramaraju Lay-out, Potina Mallayyapalem Visakhapatnam. 2. Saripalli Kanakamma, W/o.Late Gurayya @Gurumurthy, aged 53 years, R/o.D.No.5-49, Near Venkateswara Temple, Yendada Village^ Visakhapatnam represented by Power of Attorney holder Satti Jyotikumar Reddy 3. .Saripalli Srinivas, S/o. Late Gurayya @Gurumurthy, aged 24 years, R/o.D.No.5-49, Near Venkateswara Temple, Yendada Village, Visakhapatnam represented by Power of Attorney holder Satti Jyotikumar Reddy 4. Smt.Viyyapu Hymavathi, W/o.Ramakrishna and D/o. Late Gurayya Gurumurthy, R/o.D.No.3-33, Gandavaram Village, Chodavaram Mandal, Anakapalli District represented by Power of Attorney holder Satti Jyotikumar Reddy ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Municipal Administration and Urban Development Department Secretariat, Velagapudi, Guntur District 2. The Greater Visakhapatnam Municipal Corporation, Rep.by its Commissioner, Visakhapatnam 3. The Zonal Commissioner, Greater Visakhapatnam Municipal Corporation, Zone-11, Madhurawada, Visakhapatnam 4. The Chief City Planner, Greater Visakhapatnam Municipal Corporation, ...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 f be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the, respondent Corporation in issuing TDR Certificate in an extent of 1019.230 x 2 - 2038.460 Sq.mts, though the petitioners are entitled to 1019.230 x 4 - 4076.92 Sq.mts in respect of Premises D.No.2-56 in R.S.No.24/1 of Yendada Village (V) Visakhapatnam as per G.O.No.223 Dt.09.07.2018 as arbitrary, illegal and declare the petitioners as entitled to 1019.230 x 4 - 4076.92 Sq.mts and consequently direct the respondent corporation to issue TDR Certificate for the balance 1019.230 x 2- 2038.460 Sq.mts. lA NO: 1 OF 2025 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 grant interim direction directing the respondents to issue TDR Certificate in favour of the petitioner for 1019.230 x 2 = 2038.460 Sq.mts being the balance TDR liable to be issued in respect of the petitioners road widening effected site to an extent of 1019.230 Sq.mts in R.S.No.24/1, Yendada Village (V) at Premises D.No.2-56, Visakhapatnam pending disposal of the writ petition. Counsel for the Petitioners : SRI M. BALANAGA SRINIVAS Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4 : SRI A.S.C. BOSE, SC FOR GVMC The Court made the following: ORDER r' APHC010042072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY .THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2385/2025 Between: 1.SATTI JYOTIKUMAR REDDY,, S/0.LATE VENKAT REDDY R/0. FLAT NO. 101, HARIHARA RESIDENCY, SITARAMARAJU LAY-OUT, POTINA MALLAYYAPALEM, VISAKHAPATNAM. 2.SARIPALLI KANAKAMMA,, W/O.LATE GURAYYA @GURUMURTHY, AGED 53 YEARS, R/O.D.NO.5-49, NEAR VENKATESWARA TEMPLE, YENDADA VILLAGE, VISAKHAPATNAM REPRESENTED BY POWER OF ATTORNEY HOLDER SATTI JYOTIKUMAR REDDY 3..SARIPALLI SRINIVAS,, S/0. LATE GURAYYA @GURUMURTHY, AGED 24 YEARS. R/O.D.NO.5-49, NEAR VENKATESWARA TEMPLE, YENDADA VILLAGE, VISAKHAPATNAM REPRESENTED BY POWER OF ATTORNEY HOLDER SATTI JYOTIKUMAR REDDY 4.SMT.VIYYAPU HYMAVATHI,, W/O.RAMAKRISHNA AND D/0. I.ATE GURAYYA GURUMURTHY, GANDAVARAM VILLAGE, CHODAVARAM MANUAL, ANAKAPALLI DISTRICT REPRESENTED BY POWER OF ATTORNEY HOLDER SATTI JYOTIKUMAR REDDY R/O.D.NO.3-33, ...PETITIONER(S) AND m 2 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY MUNCIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT VELAGAPUDI, GUNTUR DISTRICT SECRETARIAT, 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, VISAKHAPATNAM 3.THE ZONAL COMMISSIONER. . GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, ZONE-11, MADHURAWADA, VISAKHAPATNAM 4.THE CHIEF CITY PLANNER. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, ...RESPONDENT(S): Counsel for the Petitioner(S): 1.MBALANAGA SRINIVAS Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.2385 of 2025 ORDER: The present Writ Petition is filed questioning the action of the Respondent No.2 in not extending the benefits to the Petitioner as per the Andhra Pradesh Building Rules, 2017 as amended vide 1. G.O.Ms.No.223, Municipal Administration and Urban Development (M) Department, dated 09.07.2018 by providing TDR in the ratio of 1:4 for the land acquired from the Petitioners through Gift Deed dated 06.04.2023 to an extent of 1219.10 Sq. Yards (or) 1019.230 Sq. Mts., in R.S.No.24/1 of Yendada Village, within the limits of Greater Visakhapatnam Municipal Corporation, Visakhapatnam, as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows:- The Petitioner No.1 is the G.P.A holder of Petitioner Nos.2 to 4, who are the absolute owners and possessors of the vacant land in Sy.No.24/1 of Yendada Village, Visakhapatnam. As there was a proposal for formation of 100 feet wide road from NH-5 to Rushikonda Beach Road (Yendada and Gitam College Road), an extent of 1219.10 Sq. Yards (Or) 1019.230 Sq. Mtrs., was consented to be acquired by 2 the Petitioners and a Gift Deed was also executed on 06.04.2023 vide Reg.No.2849 of 2023. Pursuant to the Gift Deed, the Respondent authorities issued TDR vide TDR No.1086/00092/TDRrA/D/2023/rev2 to the Petitioners on 26.07.2023 in the ratio of 1:2 for an extent of 1019.230 Sq. Mtrs., awarding 2038.460 Sq. Mtrs. of built per Rule 168 of the Andhra Pradesh Building Rules, 2017 issued vide G.O.Ms.No.119, MA& UD (M), dated 28.03.2017. up area as 3. The claim of the Petitioners is that an amendment was brought vide G.O.Ms.No.223, MA & UD Department (M), dated 09.07.2018, wherein the Rule 168 of the A.P. Building Rules, 2017 was amended providing TDRs in the ratio of 1:4 and 1:2 are depending on the purpose for which the land was taken. The counsel for the Petitioners while re-iterating the pleadings in the arguments relied upon the Judgement rendered in W.P.No.21699 of 2021, dated 08.05.2024 in similar fact scenario. 4. The learned Standing Counsel submits that the order in W.P.No.21699 of 2021 relied upon by counsel for Petitioner is pending consideration in Writ Appeal and that action would be taken on the claim of Petitioner on the basis of outcome in the Writ Appeal. The learned Standing Counsel fairly submits that no interim orders were passed in the Writ Appeal. 3 5. This Court having heard the respective counsel opines as under; The Rule 168 of the A.P. Building Rules, 2017 is the genesis for the claim of the Petitioners. The relevant part of Rule 168 i.e., Rule 168(1 )(2)(a) and (b) was amended vide G.O.Ms.No.223, MA & UD Department (M), dated 09.07.2018 and the same reads as under;- Rule 168: “(a) For the Master Plan Road/Road Development Plan undertaken and developed/circulation network/any development for public purpose in Master Plan/peripheral road in group development schemes equivalent to 400% of such area surrender. ” “(b) For conservation and development of lakes/water bodies/nalas foreshores & Recreational buffer development with greenery/Roads on either side of Electrical Tower lines and clearance distance left for oil/gas pipelines; equivalent to 200% of such area surrender. ” 6. As the land of the Petitioners was taken for the purpose of expansion of road, as mentioned above, the Petitioners’ case falls under Rule 168(1)(2)(a) referred above and that they would be entitled for TDR in the ratio of 1:4 rather than 1:2. It is to be noted that the Gift Deed dated 06.04.2023 in favour of Respondent Corporation crystallises the offer and acceptance i.e., offer of land in lieu of TDR by the landowner and the acceptance by the Respondent Corporation. In that view, since the Gift deed in favour of the Respondent Corporation 4 being subsequent to the issuance of G.O.Ms.No.223, MA & UD (M) ‘ Department, dated 09.07.2018, the Petitioners would be entitled for grant of TDR in the ratio of 1 ;4. 7. As rightly pointed out by the learned counsel for the Petitioners, this issue is covered by the order of this Court in a similar fact situation in W.P.No.21699 of 2021, dated 08.05.2024 and mere pendency of Writ Appeal is not a ground to delay the adjudication of this Writ Petition. Therefore, this Court is inclined to dispose of the Writ Petition with the following directions:- (i) The Respondent authorities are directed to issue TDR in the ratio of 1:4 as provided in the Andhra Pradesh Building Rules, 2017 amended vide G.O.Ms.No.223, MA & UD Department (M), dated 09.07.2018 within a period of twelve (12 weeks) from the date of receipt of copy of the order; (ii) No order as to costs. as 8. Accordingly, the Writ Petition is disposed of. As a sequel, pending applications, if any, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT^EGISTRAR //TRUE COPY// SECTION OFFICER To. ^ Municipal Administration and Urban Xag'droSTstr/cf'"'" <5- 2. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 3. The Zonal Commissioner, Greater Visakhapatnam Municipal Corporation, Zone-11, Madhurawada, Visakhapatnam. 4. The Chief City Planner, Greater Visakhapatnam Municipal Corporation. 5/ One CC to Sri M. Balanaga Srinivas, Advocate [OPUC] 6. Two CCs to GP for Municipal Admn Urban Development, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri A.S.C. Bose, SC for GVMC (OPUC) 8. Three C.D. Copies. Cnr HIGH COURT DATED:19/06/2025 ORDER WP.No.2385 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS