APHC010003592026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 498/2026 Between: 1. AVVARU NAGARAJU, S/O. AWARU SUBBARAO, AGED ABOUT 42 YEARS, R/O.D.NO. 8-14, 8TH WARD, MANGALAGIRI, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER, MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, MANGAIAGIRI, GUNTUR DISTRICT. 522503 3. THE DISTRICT COLIECTOR, GUNTUR DISTRICT, GUNTUR. 522002 ...RESPONDENT(S): 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 topleased to issue an appropriate wrjt, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the 2nd Respondent and their subordinates in marking the Petitioners property situated at D.No. 8-14 vide Assessment No. 1023004544, 8th Ward, Mangalagiri Municipality, Guntur District, pressurizing the Petitioner to accept TDR bonds, and taking steps to demolish the same for road widening purposes without following the procedure contemplated under the Right to 2 HN, J W.P.Nos.498, 503, 504 and 506_2026 Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Sections 146 and 147 of the Municipal Corporation Act, as illegal, arbitrary, highhanded, unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and Consequently, direct the Respondents not to interfere with the Petitioners' peaceful possession and enjoyment of the schedule property and not to demolish any part of the said property, except by strictly adhering to the due process of law by initiating proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for payment of compensation and pass IA NO: 1 OF 2026 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 pleased to direct the Respondents and their agents, servants, or any person claiming through them. from interfering with the Petitioner's possession or taking any coercive steps including demolition of the property situated at D.No. 8-14 vide Assessment No. 1023004544, 8th Ward, Mangalagiri Municipality, Guntur District, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. AYESHA AZMA S Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.Nos.498, 503, 504 and 506_2026 APHC010004822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 503/2026 Between: 1. SMT. AVVARU SAMRAJYAM,, W/O LATE AVVARU DURGA PRASADA RAO, AGED ABOUT 73 YEARS, OCC. HOUSEWIFE, R/O D.NO. 8-8/B, VADLAPUDI CENTER, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS THE COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. ...RESPONDENT(S): 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 topleased to issue an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the 2nd Respondent and their subordinates in marking the etitioner's property situated at D.No. 8-8/b, Vadlapudi center, Mangalagiri, pressurizing the Petitioners to accept TDR bonds, and taking steps to demolish the same for road widening purposes without following the procedure contemplated under the Right to 4 HN, J W.P.Nos.498, 503, 504 and 506_2026 Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and Sections 146 and 147 of the Municipal Corporation Act, as illegal arbitrary, highhanded, unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and Consequently, direct the Respondents not to interfere with the Petitioners peaceful possession and enjoyment of the schedule property and not to demolish any part of the said property, except by strictly adhering to the due process of law by initiating proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for payment of compensation and pass IA NO: 1 OF 2026 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 pleased to direct the Respondents and their agents, servants, or any person claiming through them, from interfering with the Petitioner's possession or taking any coercive steps, including demolition of the property situated at D.No. D.No. 8-8/b, Vadlapudi center, Mangalagirpi, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. AYESHA AZMA S Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following 5 HN, J W.P.Nos.498, 503, 504 and 506_2026 APHC010004792026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 504/2026 Between: 1. AVVARU YESUKONDALU,, S/O. AVVARU NARASIMHA RAO, R/O. D.NO. 7-598, F.NO. 309, SRI NARAYANI HOMES, OPP MARKET YARD, NIDAMMARU ROAD, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH - 522 503 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS THE COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. - 522 503 3. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. - 522 002 ...RESPONDENT(S): 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 topleased to issue an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the 2nd Respondent and their subordinates in marking the Petitioner's property situated at Door No. 8-1 (Old Survey No. 241), located at Rendu Rama 6 HN, J W.P.Nos.498, 503, 504 and 506_2026 Mandirala Street, Revenue Ward No. 8, Mangalagiri, pressurizing the Petitioners to accept TDR bonds, and taking steps to demolish the same for road widening purposes without following the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Sections 146 and 147 of the Municipal Corporation Act, as illegal, arbitrary, highhanded, unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and Consequently, direct the Respondents not to interfere with the Petitioners' peaceful possession and enjoyment of the schedule property and not to demolish any part of the said property, except by strictly adhering to the due process of law by initiating proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for payment of compensation IA NO: 1 OF 2026 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 pleased to direct the Respondents and their agents, servants, or any person claiming through them, from interfering with the Petitioner's possession or taking any coercive steps, including demolition of the property situated at Door No. 8-1 (Old Survey No. 241), located at Rendu Rama Mandirala Street, Revenue Ward No. 8, Mangalagiri, pending disposal of the Writ Petition Counsel for the Petitioner: 1. AYESHA AZMA S Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following 7 HN, J W.P.Nos.498, 503, 504 and 506_2026 APHC010003572026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 506/2026 Between: 1. SHAIK AZAM BASHA, S/O LATE SHAIK MAHBUB BASHA, AGED ABOUT 45 YEARS, R/O. D.NO. 7-62/B, ISLAMPET, 5TH LINE, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 522503 2. SHAIK AKRAM BASHA, S/O LATE SHAIK MAHBUB BASHA, AGED ABOUT 42 YEARS, R/O. D.NO. 7-488, ZENDA CHETTU VEEDHI, NEAR RAMALAYAM, TIPPARLA BAZAR, MANGALAGIRI, GUNTUR DISTRICT ANDHRA PRADESH.522503 3. SHAIK NISAR, S/O LATE SHAIK MAHBUB BASHA, AGED ABOUT 41 YEARS, R/O. D.NO. 7-62/B, ISLAMPET, 5TH LINE, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH 522503 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION ANDURBAN DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP .BY. THE COMMISSIONER MANGALAGIRI, GUNTUR DISTRICT 522503 3. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR 522002 ...RESPONDENT(S): 8 HN, J W.P.Nos.498, 503, 504 and 506_2026 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 toPleased to issue an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the. 2nd Respondent and their subordinates in marking the Petitioners property situated at Door No. 8-64/1/2 vide Assessment No. 1023017470, situated in Survey No. 246/2, Mangalagiri Revenue Village, Mangalagiri, Guntur District, pressurizing the Petitioners to accept TDR bonds, and taking steps to demolish the same for road widening purposes without following the procedure contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Sections 146 and 147 of the Municipal Corporation Act, as illegal, arbitrary, highhanded, unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and Consequently, direct the Respondents not to interfere with the Petitioners peaceful possession and enjoyment of the schedule property and not to demolish any part of the said property, except by strictly adhering to the due process of law by initiating proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for payment of compensation and pass IA NO: 1 OF 2026 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 may be pleased to direct the Respondents and their agents, servants, or any person claiming through them, from interfering with the Petitioner's possession or taking any coercive steps, including demolition of the property situated at Door No. 8-64/1/2 vide Assessment No. 1023017470, situated in Survey No. 246/2, Mangalagiri Revenue Village, Mangalagiri, Guntur District, pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. AYESHA AZMA S Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 9 HN, J W.P.Nos.498, 503, 504 and 506_2026 COMMON ORDER:- 1. In all these writ petitions, the petitioners are either residing in the properties abutting the road or conducting business in the properties abutting the road. The petitioners have filed the present writ petitions, aggrieved by the proposed action of the 2nd respondent in taking up road widening from the existing 40 to 60 feet on Tenali road of Mangalagiri town. It is submitted that the petitioners apprehend pressure from the 2nd respondent to yield to the demand of the 2nd respondent to accept TDR bonds as the only solution for acquiring the petitioners’ property. 2. The learned counsel appearing for the petitioners submits that the petitioners are all small traders and, apart from the properties over which they are residing, they have no other property or means of livelihood. It is submitted that the petitioners are now exposed to the demands of the 2nd respondent and that the 2nd respondent, without issuing any notice, has resorted to marking the petitioners’ properties for the purpose of road widening. In that regard, whenever the petitioners approached the 2nd respondent, they were orally informed to accept the TDR bonds offered by the 2nd respondent in pursuance of G.O.Ms.No.119, dated 28.03.2017. It is submitted that the petitioners are not willing to accept the TDR bonds, as the same is not a commensurate alternative to the Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is also submitted that the petitioners would not be adequately 10 HN, J W.P.Nos.498, 503, 504 and 506_2026 compensated in the event the respondent authorities do not follow the Act 30 of 2013. 3. The 2nd respondent has filed a detailed counter along with the Council Resolution and newspaper clippings relating to the proposed road widening. It is submitted in the counter that the 2nd respondent is in the process of implementing zonal development plans and that, keeping in view the changed circumstances in the Tadepalli Municipality, the requirement of widening the road from 40 feet to 60 feet was considered essential about 20 years ago. However, the same could not materialize on account of various reasons. It is also submitted that the services of RITES were engaged for conducting a Comprehensive Mobility Plan for the Mangalagiri-Tadepalli Municipal Corporation area and that a proposal to widen the road from existing two lanes to four lanes were also submitted. 4. It is submitted that the Zonal Development Plan has to match the phase of development and traffic and, as such, the respondents have to essentially widen the existing road. It is further submitted that the 2nd respondent shall follow the applicable provisions of the Municipal Corporation Act, i.e., Sections 146 and 147 of the A.P. Municipal Act, 1955 and A.P. Building Rules, 2017, for arriving at compensation for the land acquired for road widening. It is also stated in the counter that meetings were conducted with the property owners, whose properties were affected by the road widening and that some of the property owners gave their consent by accepting TDR certificates. It is submitted that the writ petitions have been 11 HN, J W.P.Nos.498, 503, 504 and 506_2026 filed on mere apprehension, without issuance of any notice, and that no cause of action has arisen for the petitioners to file the present writ petitions. 5. Heard the learned counsel for the petitioners and Sri A.S.C.Bose, learned Standing Counsel appearing for the 2nd respondent. 6. Perused the record. 7. Admittedly, the 2nd respondent is in the process of widening the road from the existing 40 feet to 60 feet, as per the Zonal Development Plan notified vide G.O.Ms.No.687, MA, dated 30.12.2006. It is also evident that the petitioners’ properties are likely to be affected in the road widening process. As stated by the learned Standing Counsel for the 2nd respondent, some of the property owners have expressed their consent to accept the TDR bonds and that the 2nd respondent would also negotiate with the petitioners for offering TDR bonds in lien of their properties. 8. Considering the submissions of the learned counsel for the petitioners that the petitioners have never expressed their consent for accepting TDR bonds and that they have personally visited the office of the 2nd respondent and requested the Commissioner to consider their cases for grant of compensation under the Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The claims of the petitioners were not considered and that they were instead called upon to attend a proposed meeting for negotiation. The procedure contemplated Section 146 of the Municipal Corporation Act, deals with the acquisition of 12 HN, J W.P.Nos.498, 503, 504 and 506_2026 immovable property by agreement. Section 147 prescribes the procedure, when immovable property cannot be acquired by agreement. 9. The petitioners, if they are not accepting for the TDR bonds offered by the 2nd respondent, the only option left for the 2nd respondent would be to invoke the procedure contemplated under Section 147 of the A.P. Municipal Act, 1955, and the properties of the petitioners would have to be acquired under the provisions of the Land Acquisition Act. The only option for the respondents would be to follow the procedure under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 10. Considering the same, the writ petitions are disposed off, making it clear to the 2nd respondent that, if any of the petitioners submit in writing their dissent to accepting the TDR bonds offered, the respondents shall necessarily follow the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 11. With these observations, the writ petitions are disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date.06.01.2026 NKA 13 HN, J W.P.Nos.498, 503, 504 and 506_2026 166 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NOS: 498, 503, 504 and 506 of 2026 Date: 06.01.2026 NKA