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: 24217/2024 Between: A Rajasekhara 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: 24217/2024 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.1.24 cents in R.S.No.267 situated in Timminayudupalem Village, Akkarampalli, Tirupati Urban Mandal, Tirupati, Chittoor District without following due process of law and consequently direct the respondents to follow the procedure prescribed in Andhra Pradesh Building Rules, 2017 issued vide G.O.Ms.No.119 of MA & UD dated 28.03.2017 and issue TDR bonds. 2. The petitioner traces his right to the scheduled property through his grandparents. According to the petitioner, the above mentioned property was acquired by the grandparents and after their death, his father succeeded to the property. Subsequently on 20.06.2011, the property was partitioned vide registered partition deed bearing document No.3268/2011 and the petitioner claims that the above mentioned property fell to his share. 3. While so, it is stated that without referring to the procedure under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 under Andhra Pradesh Building Rules, 2017, the respondent authorities had occupied the land of the petitioner and laid roads therein. It is in this context, the present writ petition is filed. 4. The above case was adjourned for seven times, however no counter- affidavit was filed nor any instructions were provided to the Court. 3 5. Heard Sri J.Ravi Kumar, learned counsel for the Petitioner and Government Pleader for Municipal Administration Urban Development for Respondents. 6. 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, /Commissioner/Vice 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: 4 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. 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. 7. As per the above extracted Rule, the officials named above as regards 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: 5 (i) The petitioner shall submit a representation along with the title deeds and necessary revenue records with regard to the property in question to the 2nd respondent within a period of four (04) weeks from the date of receipt of copy of the order. (ii) On receipt of such representation along with necessary documents as referred above, the 2nd 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. 8. 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. __________________ NYAPATHY VIJAY, J Date: 01.05.2025 SNI 6 238 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24217/2024 DATE: 01.05.2025 SNI