1 APHC010089582026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4953/2026 Between: 1. G GIRIDHAR MURARI, S/O. G. ADINARAYANAIAH, AGED ABOUT 52 YEARS, OCC PRESIDENT, SIRI NIVASAM MUTUALLY AIDED COOPERATIVE HOUSE BUILDING SOCIETY LIMITED, TIRUPATHI, TIRUPATHI DISTRICT, A.P. 2. SMT. KAMASANI RAJAMMA,, W/O. K. CHANJALRAYA REDDY AGED ABOUT 55 YEARS, OCCHOUSEWIFE, R/O. DOOR NO. 4-4-569/D/2, NEHRU NAGAR, TIRUPATI TOWN, TIRUPATHI DISTRICT, ANDHRA PRADESH. 3. SINGAMALA SUBRAMANYAM,, /O. LATE SRI SINGAMALA VENKATA SUBBAIAH, AGED ABOUT 69 YEARS, OCC HOUSEHOLD, R/O. HOUSE NO. 61/2, EDIGIPALLI VILLAGE, VATHALURU POST, PULLAMPETA MANDAL, Y.S.R. KADAPA DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, TIURPATHI DISTRICT, TIRUPATHI, ANDHRA PRADESH. 3. 3. THE TIRUPATHI URBAN DEVELOPMENT AUTHORITY, TIRUPATHI, ANDHRA PRADESH, REP. BY ITS VICE CHAIRMAN MANAGING DIRECTOR. 2 ...RESPONDENT(S): Counsel for the Petitioner(S): 1. SIVA S LANKA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ORAL ORDER: Heard Sri K.V. Rajendra Prasad, learned Counsel appearing online on behalf of Sri Siva S Lanka, learned Counsel for the Writ Petitioners and Sri K.K. Durga Prasad, learned Standing Counsel for Respondent No.3. 2. The present three Writ Petitioners approached the Court being aggrieved by the action on the part of the Respondent No.3 in demolishing the buildings without following the due process. 3. Sri K.K. Durga Prasad, learned Standing Counsel for Respondent No.3, has submitted the Written Instructions furnished by the Assistant Planning Officer, TUDA, Tirupati dated 19.02.2026. Copy of it is not supplied to the learned Counsel for the Writ Petitioners because he is appearing online. This Written Instruction is taken on record. 4. Para 4 of the Written Instruction would indicate that the Respondent No.3 is issuing TDR bonds. Para 6 of the Written Instruction, though unclear, indicates that the Writ Petitioners have consented for receiving TDR bonds. However, learned Counsel for the Writ Petitioners submits that the Petitioners did not accept the TDR bonds and the Petitioners are desirous of receiving adequate compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013). 5. It is a settled law that the Respondent Authorities cannot thrust TDR bonds on the claimants/affected parties. TDR bonds are only optional against seeking of compensation under Act No.30 of 2013. TDR bonds are not 3 mandatory but they can be voluntarily accepted by the claimants/affected parties. It is also a settled law that in cases where the claimants or the affected parties who decline to accept TDR bonds, the only option that is available to the Government Authorities is to initiate the Proceedings under Act No.30 of 2013. Sections 145, 146 and 147 of the Andhra Pradesh Municipal Corporation Act, 1955 are usefully extracted hereunder: “145. Power of Corporation as to acquisition of property:- (1) The Corporation shall, for the purposes of this Act have power to acquire and hold movable and immovable property or any interest therein whether within or without the limits of the City. [(2) Any immovable property which may be transferred to the Corporation by the Government shall be held by it, subject to such conditions as may be imposed by the Government and shall be applied to such purposes as the Government may impose or specify when the transfer is made. (3) It shall be competent for the Government to resume any land transferred to the Corporation by the Government with or without a condition for resumption whether before or after the commencement of the Andhra Pradesh Municipal Laws (Amendment) Act, 1991 for utilisation by the State Government or the Central Government or any authority under their control.] 146. Acquisition of immovable property by agreement:- (1) Whenever it is provided by this Act that the Commissioner may acquire, or whenever it is necessary or expedient for any purpose of this Act that the Commissioner shall acquire, any immovable property, such property may be acquired by the Commissioner on behalf of the Corporation by agreement on such terms at such rates or prices not exceeding such maxima as shall be approved by the Standing Committee, either generally for any class of cases or specially in a particular case. (2) And whenever, under any provision of this Act, the Commissioner is authorised to agree to pay the whole or any portion of the expenses of acquiring any immovable property, he shall do so on such terms and at rates or prices not exceeding such maxima as shall be approved by the Standing Committee as aforesaid. (3) Subject to the provisions of this Act, it shall be lawful for the Commissioner on behalf of Corporation to agree with the owner of any land or of any interest in land needed by the Corporation for the purposes any Scheme under Chapter XIII or with the owner of any right which may have been created by legislative enactment over any street forming part of the land so 4 needed, for the purchase of such land or of any interest in such land or for compensating the owner of any such right in respect of any deprivation thereof or interference therewith. (4) No contract for the acquisition of any immovable property or of any interest therein or any right thereto or the payment of any compensation under sub-sections (1), (2) or (3) shall be valid, if the price or compensation to be paid for such property or interest or right exceeds rupees five thousand unless and until such contract has been approved by the Corporation. 5) Every contract or other instrument relating to the acquisition of immovable property or any interest therein or any right thereto shall be executed by the Commissioner, shall have the common seal of the Corporation affixed thereto in the presence of [two officers nominated by the Commissioner] and shall also have the signature of the said [two officers]. (6) No contract for the acquisition of immovable property or any interest therein or any right thereto not executed as provided in sub-section (4) shall be binding on the Corporation. (7) The foregoing provisions of this section which apply to an original contract relating to the acquisition of immovable property, or any interest therein, or any right thereto, shall be deemed to apply also to any variation or discharge of such contract. 147. Procedure when immovable property cannot be acquired by agreement:- (1) Whenever the Commissioner is unable to acquire any immovable property under the last preceding section by agreement, the Government may, in their discretion, upon the application of the Commissioner, made with the approval of the Standing Committee and subject to the other provisions of this Act, order proceedings to be taken for acquiring the same on behalf of the Corporation [in accordance with the provisions of the Land Acquisition Act, 1894 as amended from time to time as if such property were land needed for a public purpose within the meaning of the provisions of the said Act.] (2) The amount of compensation awarded and all other charges incurred in acquisition of any such property shall, subject to all other provisions of this Act, be forthwith paid by the Commissioner and thereupon the said property shall vest in the Corporation.” 6. The provisions of law, extracted above, are clear to the effect that the affected parties are entitled for compensation under Act No.30 of 2013. Since the Writ Petitioners have already approached this Court opposing the 5 acceptance of TDR bonds, it is needless to state that the Writ Petitioners are seeking lawful compensation under Act No.30 of 2013. 7. In the above premise, this Court deems it appropriate to allow this Writ Petition, at the admission stage, without going into the merit, directing the Official Respondents to follow the due process of law namely to invoke the provisions of Act No.30 of 2013 for acquiring the property by determining the market price. 8. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 9. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:20.02.2026 Vns