ORDER:

1. Initially the writ petition was filed aggrieved by the inaction of the respondent Nos.1 and 2 in issuing Transferable Developmental Rights (TDR) in favour of the petitioners for the land surrendered by them for an extent of Ac. 4.92 cents or equivalent to 23,817.28 sq. yards in survey Nos. 27/1, 28, 28/2, 30, 30/2, 42/3, 43/2, 43/3, 43/4, 52/4, 52/6, 60/6, 61/1, 61/4, 61/7 177/1, 179/2, 180/4, 180/5, 180/8, 180/9, 181/6, situated at Proddutur Village, Kankipadu Mandal, Krishna District, for the formation of 60 feet Zonal Development Plan Road, is being arbitrary, illegal, violation of provisions including G.O.Ms. No. 678, Municipal Administration and Urban Development (M) Department, dated 07.09.2007 as well as clause 168 of the A.P. Building Rules, 2017. Later, an I.A. No. 1/2021 was filed seeking amendment of the prayer to set-aside the Memo No. 1091131/MAU-01-CRDA 2/2020, dated 13.02.2020. Consequently, prayed to direct the respondents 1 and 2 to issue TDR certificates in favour of the petitioners.

2. The case of the petitioners is that they surrendered an extent of Ac. 4.91 cents in favour of the Vijayawada Guntur Tenali Mangalagiri Urban Development Authority (VGTMUDA). Later, the said VGTMUDA was transformed into Amaravathi Metro Region Development Authority i.e. respondent No. 2 herein. The said land was transferred to for the Zonal Development Plan, 60 feet road was laid which is formed part of the road from Bandar road to Pamula canal in Proddutur village and the said road was laid by the petitioners herein way back in the year, 2010. The Petitioners were permitted to lay the road and issued NOC for formation and development of the 60 feet road, vide proceedings bearing Rc. No. C.8.10492/2008, dated 14.05.2009.

3. The Proddutur Grampanchayat accepted and acknowledged the work executed by the petitioners and issued confirmation letters in favour of the petitioners. The petitioners further submits that the entitlement of TDR certificates is governed by several G.O.s and initially the respondent No. 1 issued G.O.Ms. No. 678, Municipal Administration and Urban Development (M) Department, dated 07.09.2007 duly initiating the process of issuing TDR in favour of the beneficiaries. Subsequently, several G.O.s are issued from time to time. At present G.O.Ms. No. 223, Municipal Administration and Urban Development (M) Department, dated 09.07.2018 is in force and as per the aforesaid G.O. an amendment is brought to Rule 168, which mandates that the person who contributed for the development of roads for public purpose in master plan/peripheral road rules are entitled to 400% of value of such area surrendered. Instead of issuing the TDR certificates in favour of the petitioners, the respondent Nos. 1 and 2 are postponing to issue the TDR certificates for one reason or the other though the petitioners submitted several representations since 2008. Hence the present writ petition is filed seeking a direction to the respondents to issue TDR certificates for the land surrendered by the petitioners herein.

4. The respondent No. 1 herein filed counter denying the averments made in the writ affidavit filed in support of the writ petition contending that generally formation/widening of the new master plan, Zonal Development plan roads have to be taken up by the local body concerned. However, the petitioners themselves have come forward requesting that the 60 feet Zonal Development Plan road will be taken up by themselves with their own funds and this will lessen the financial burden on local bodies and also facilitate accessibility to the public at large. The erstwhile VGTMUDA has accorded permission to the petitioners for formation and development of proposed 60 feet Zonal Development Plan road vide letter Lr. Rc. No. C8-10482/2008, dated 14.05.2009 subject to handing over the same to the local bodies at free of cost for public purpose. In the said letter, the then VGTMUDA has not mentioned about the issue of TDR certificates, whic