APHC010067262025 IN THE HIGH COURT OF ANDHRA PRADESH AT 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: 3563 OF 2025 Between: Pothina Suryanarayana, S/o. Late Somuiu, Aged 83 years, R/o. D.No.3-27/2, Bakkannapalem, Visakhapatnam. ...PETITIONER AND 1.The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Authority, Secretariat, Velagapudi, Guntur District. 2. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam. 3. The Zonal Commissioner, Greater Visakhapatnam Municipal Corporation, Zone-I, Madhurawada, Visakhapatnam. ...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 writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2'^'^ respondent in not extending the benefits to the petitioner as per G.O.Ms.No.223, Municipal Administration and Urban Development (M) Department dated 09.07.2018 for the land acquired from the Petitioner vide Gift Deed dated 24.09.2018 (Regn.No.4987 of 2018) an extent of 730.46 Sq.mtrs. in Sy.No.69 (P) of Bakkannapalem Village, as illegal, arbitrary and in violation ofthe A.P. Building Rules 2017 and Article 14 and 300-A of constitution of India and consequently direct the 2nd Respondent to extend the benefits of G.O.Ms.No.223, Municipal Administration and Urban Development (M) Department dated 09.07.2018 by issuing the TDR Certificate for the remaining extent of 1460.92 Sq. mtrs. of built up area, in the interest of justice. 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 to extend the benefits of G.O.Ms.No.223, Municipal Administration and Urban Development (M) Department dated 09.07.2018 by issuing TDR Certificate for the remaining extent of 1460.92 Sq.mtrs. built up area by the Greater Visakhapatnam Municipal Corporation In view ofthe land acquired under Gift Deed dated 24.09.2018 (Regn.No.4987 of 2018), pending disposal ofthe Writ Petition in the interest of justice. Counsel for the Petitioner: SRI G. RAMA GOPAL Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following: ORDER APHC0100672G2025 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: 3563/2025 Between: 1.POTHINA SURYANARAYANA, S/0. LATE SOMULU, AGED 83 YEARS, R/0. D.NO.3-27/2, BAKKANNAPALEM, VISAKHAPATNAM. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT AUTHORITY, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 3.THE ZONAL COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, ZONE-I, MADHURAWADA, VISAKHAPATNAM. ...RESPONDENT(S): Counsel for the Petitioner: 1.G RAMA GOPAL 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.3563 of 2025 ORDER: The present Writ Petition is filed questioning the action of the 1. Respondent No.2 in not extending the benefits to the Petitioner as per the Andhra Pradesh Building Rules, 2017 as amended vide 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 Petitioner through Gift Deed dated 24.09.2018 to an extent of 873.651 Sq. Yards (or) 730.46 Sq. Mtrs., in Sy.No.69 (P) of Bakkannapalem Village, within the limits of Greater Visakhapatnam Municipal Corporation, Visakhapatnam, as illegal and arbitrary. The facts leading to filing of the present Writ Petition are as 2. follows:- The Petitioner is the absolute owner of the land of an extent of Ac.0.76 cents in Sy.No.69 (P) of Bakkannapalem Village within the limits of Greater Visakhapatnam Municipal Corporation Visakhapatnam. As there was a proposal for formation of 100 feet wide road from NH-5 to Bakkannapalem at Sai Priya Layout, an extent . of 873.651 Sq. Yards (or) 730.46 Sq. Mtrs., was consented to be 2 acquired by the Petitioner and a Gift Deed was also executed on 24.09.2018 vide Reg.No.4987 of 2018. Pursuant to the Gift Deed, the Respondent authorities issued TDR to the Petitioner on 22.10.2018 vide Rc.No. 12703/2014/ACP-l in the ratio of 1;2 for an extent of 730.46 Sq. Mtrs. awarding 1460.92 Sq. Mtrs. of built up area as per Rule 168 of the Andhra Pradesh Building Rules, 2017 issued vide G.O.Ms.No.119, MA& UD, dated 28.03.2017. The claim of the Petitioner 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 Petitioner 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. 3. The learned Standing Counsel submits that the Petitioner should ideally make a representation to the Respondent authorities for consideration and in the absence of any representation to the Respondent authorities there is no cause of action for filing the present Writ Petition. 4. 3 This court having heard the respective counsel opines as under; 5. f The Rule 168 of the A.P.building Rules,2017 is the genesis for the claim of the Petitioner. 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. ” As the land of the Petitioner was taken for the purpose of 6. expansion of road, as mentioned above, the Petitioner’s case falls under Rule 168(1 )(2)(a) referred above and that he 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 24.09.2018 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 & ilD (M) Department, dated 09.07.2018, the Petitioner would be entitled for grant of TDR in the ratio of 1 ;4. As rightly pointed out by the learned counsel for the Petitioner, 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. Therefore, this Court is inclined to dispose of the Writ Petition with the following directions:- 7. (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. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Authority, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Commissioner, Greater Visakhapatnam Municipal Corporation Visakhapatnam. 3. The Zonal Commissioner, Greater Visakhapatnam Municipal Corporation, Zone-1, Madhurawada, Visakhapatnam. 4. One CC to Sri G. Rama Gopal, Advocate [OPUC] 5. One CC to Sri A.S.C. Bose, SC for Municipal Corporations [OPUC] 6. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED:19/06/2025 ORDER WP No.3563 of 2025 01 JUL 2U25 Scctigivx^y "'Ssssas^^ SS; DISPOSING OF THE W.P. WITHOUT COSTS