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2023 Supreme(Online)(AP) 3124
HIGH COURT OF ANDHRA PRADESH WEDNESDAY ,THE FIRST DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION NO: 36936 OF 2022 Between:
1. KUNDULA BALARAMA KRISHNA S/o Surya Rao, Dr No. 24-14-3/1, R.V. Nagar, Rajamahendravaram Urban, East Godavari District, A.P.
2. Kundula Ganga Bhavani, W/o K. BalaRama Krishna, Dr No. 24-14-3/1, R.V. Nagar, Rajamahendravaram Urban, East Godavari District, A.P.
3. Kundula Murali Krishna, S/o K. Bala Rama Krishna, Dr No. 24-14-3/1, R.V. Nagar, Rajamahendravaram Urban, East Godavari District, A.P.
4. K. Suresh Kumar, S/o K. BalaRama Krishna, Dr No. 24-14-3/1, R.V.
Nagar, Rajamahencfravlaram Urban, East Godavari District, A.P.
5. KanumilliPurna Ganga Bhavani W/o Venkata Stirya Narayana, Dr No. 80-32-3/1, Sarada Nagar, Rajamahendravaram Urban, East Godavari District, A.P.
...PETITIONER(S)
AND:
1. MUNICIPAL SECRETARY Municipal Administration and Urban Development Department, Government of Andhra Pradesh.
6. Rajamahendravaram Municipal Corporation, Rep. by its Commissioner.
7. Commissioner, Municipal Corporation, Raj amahendravaram. 8. City Planner, Municipal Corporation of Raj amahendravaram. 9. Town Surveyor, Rajamahendravaram Municipal Corporation.
...RESPONDENTS Counsel for the Petitioner(s): VENKAT CHALLA Counsel for the Respondents: GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: ORDER THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Writ Petition No.36936 of 2022
ORDER:
Heard learned counsel for the petitioners; learned Assistant Government Pleader for Municipal Administration and Urban Development for 1st respondent; and Sri M.Manohar Reddy, learned Standing Counsel for respondents 2 to 5.
2) The petitioners claim to be the owners of the land in an extent of 1086 sq. yards covered by R.S.No.136 and part of R.S.No.135, 50th Ward in Rajamahendravaram.
3) It is the grievance of the writ petitioners that the 2nd respondent has acquired part of the land for public purpose of widening the existing road and now they are also contemplating to acquire the remaining part of their land for the said purpose of widening the road. It is stated that the respondents have occupied part of the land of the petitioners earlier without paying any compensation by following due process of law and that now again they are proposing to acquire the remaining part of the land of the petitioners without following due process of law by paying any compensation.
CMR, J.
W.P.No.36936 of 2022
4) Earlier when the Writ Petition came up for hearing on 21.02.2023, learned Standing Counsel for 2nd respondent Corporation, on instructions, would submit that the 2nd respondent Corporation has offered TDR bonds to the petitioners for acquiring their property. Learned counsel for the petitioners sought time to seek instructions whether the same is acceptable to the petitioners or not. Therefore, the matter is ordered to be listed today.
5) Today, learned counsel for the petitioners, on instructions, would submit that the petitioners are ready to accept the TDR bonds offered by the 2nd respondent Corporation both for the land that was earlier acquired and also for acquiring the remaining part of the land, as proposed now.
6) Learned Standing Counsel for the 2nd respondent Corporation would submit that the 2nd respondent Corporation would offer TDR bonds for whatever land that is acquired or going to be acquired of the petitioners.
7) Therefore, recording the aforesaid submissions of both learned counsel for the petitioners and learned Standing Counsel for the 2nd respondent Corporation, the Writ Petition is CMR, J.
W.P.No.36936 of 2022 disposed of with a direction to the 2nd respondent Corporation to issue TDR bonds for the land that was already acquired of the petitioners and also for the land that is proposed to be acquired by them for public purpose of widening the road, within eight weeks from the date of this order. No costs.
Consequently, miscellaneous applications, pending if any, shall also stand closed.
________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:01.03.2023.
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