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2024:APHC:12321 IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION Nos. 17021, 17024, 17046, 17048, 17280, 17302, 17304, 17306, 17307, 17308, 17309, 17321, 17342, 17756, 17773, 17788, 17791, 17794, 17822, 17851, 17852, 17853; 18031, 18064, 18069, 18073, 18088, 18091, 18092, 18097, 18102, 18105, 18108, 18122, 20530, 21738, 21739, 21773, 21774, 21794; 17475, 18531, 18532, 18541, 18556, 18568; 19214, 19224, 20112, 20138, 20149; 41504 of 2022 and 5638 of 2023
1. W.P.17021 OF 2022 Kalidindi Rukmini v. The State of Andhra Pradesh and others
2. W.P.17024 OF 2022 Rayavarapu Krishna Murthy v. The State of Andhra Pradesh and others
3. W.P.17046 OF 2022 M/s. PNR Infra Projects v. The State of Andhra Pradesh and others
4. W.P.17048 OF 2022 Thota Venkata Ananda Rao v. The State of Andhra Pradesh and others
5. W.P.17280 OF 2022 Akula Bhanoji v. The State of Andhra Pradesh and others
6. W.P.17302 OF 2022 Lavanya Constructions v. The State of Andhra Pradesh and others
7. W.P.17304 OF 2022 Sri Venkatswara Constructions v. The State of Andhra Pradesh and others
8. W.P.17306 OF 2022 AVK Builders v. The State of Andhra Pradesh and others
9. W.P.17307 OF 2022 Earle Ramakrishna v. The State of Andhra Pradesh and others
10. W.P.17308 OF 2022 Ommi Appala Naidu v. The State of Andhra Pradesh and others
11. W.P.17309 OF 2022 AVK Builders v. The State of Andhra Pradesh and others
12. W.P.17321 OF 2022 Earle Ramakrishna v. The State of Andhra Pradesh and others
13. W.P.17342 OF 2022 M/s. K.V.R. Developers v. The State of Andhra Pradesh and others
14. W.P.17756 OF 2022 M/s. K.V.R. Developers v. The State of Andhra Pradesh and others
15. W.P.17773 OF 2022 M/s. Veda Developers v. The State of Andhra Pradesh and others
16. W.P.17788 OF 2022 PR Constructions v. The State of Andhra Pradesh and others
17. W.P.17791 OF 2022 M/s Sukrutha Constructions v. The State of Andhra Pradesh and others
18. W.P.17794 OF 2022 Sarkhall Tahzeebul Hasan v. The State of Andhra Pradesh and others
19. W.P.17822 OF 2022 D. Chandra Sekhar v. The State of Andhra Pradesh and others
20. W.P.17851 OF 2022 Paladugu Venkata Madhu Sudhana Rao v. The State of Andhra Pradesh and others
21. W.P.17852 OF 2022 M/s. Vaibhav Builders v. The State of Andhra Pradesh and others
22. W.P.17853 OF 2022 M/s. Movva Developers and Builders v. The State of Andhra Pradesh and others Counsel for the petitioner/s : Sri N. Ashwani Kumar Counsel for respondents : GP for Municipal Administration and Urban Development; Advocate General; M. Manohar Reddy
23. W.P.18031 OF 2022 M/s Kalpana Constructions v. The State of Andhra Pradesh and others
24. W.P.18064 OF 2022 M/s. S.V. Infra v. The State of Andhra Pradesh and others
25. W.P.18069 OF 2022 Abhinav Builders and Developers v. The State of Andhra Pradesh and others
26. W.P.18073 OF 2022 Abhinav Builders and Developers v. The State of Andhra Pradesh and others
27. W.P.18088 OF 2022 Pioneer Infratech v. The State of Andhra Pradesh and others
28. W.P.18091 OF 2022 Pulikonda Anil Kumar v. The State of Andhra Pradesh and others
29. W.P.18092 OF 2022 M/s. Mourya Constructions v. The State of Andhra Pradesh and others
30. W.P.18097 OF 2022 Om Sai Constructions v. The State of Andhra Pradesh and others
31. W.P.18102 OF 2022 M/s. Hyma Realtors and Builders v. The State of Andhra Pradesh and others
32. W.P.18105 OF 2022 Potamshetty Prashant and others v. The State of Andhra Pradesh and others
33. W.P.18108 OF 2022 Sri Gayatri Constructions v. The State of Andhra Pradesh and others
34. W.P.18122 OF 2022 M/s. Adithya Infra v. The State of Andhra Pradesh and others
35. W.P.20530 OF 2022 Chitturi Sreekanth and others v. The State of Andhra Pradesh and others
36. W.P.21738 OF 2022 Shaik Khaja v. The State of Andhra Pradesh and others
37. W.P.21739 OF 2022 M/s. KBR Constructions v. The State of Andhra Pradesh and others
38. W.P.21773 OF 2022 M/s. Premier Properties v. The State of Andhra Pradesh and others
39. W.P.21774 OF 2022 MJS Yaganti Realtors and Builders v. The State of Andhra Pradesh and others
40. W.P.21794 OF 2022 Krishnaveni Builders v. The State of Andhra Pradesh and others Counsel for the petitioner/s : Sri Unnam Sravan Kumar Counsel for respondents : GP for Municipal Administration and Urban Development; Advocate General; M. Manohar Reddy
41. W.P.17475 OF 2022 Kollipara Sridevi v. The State of Andhra Pradesh and others
42. W.P.18531 OF 2022 Ganapathiraju Jogi Jaganadha Raju v. The State of Andhra Pradesh and others
43. W.P.18532 OF 2022 MVHS Srinivas Reddy v. The State of Andhra Pradesh and others
44. W.P.18541 OF 2022 Kandrapu Srirama Chandra Murthy v. The State of Andhra Pradesh and others
45. W.P.18556 OF 2022 Madulla Naga Omkara v. The State of Andhra Pradesh and others
46. W.P.18568 OF 2022 Karri Sarada Krishna Kapil v. The State of Andhra Pradesh and others Counsel for the petitioner/s : Sri T. Nagarjuna Reddy Counsel for respondents : GP for Municipal Administration and Urban Development; Advocate General; M. Manohar Reddy
47. W.P.19214 OF 2022 G.V.V. Subrahmanyam v. The State of Andhra Pradesh and others
48. W.P.19224 OF 2022 Devarapalli Krishna v. The State of Andhra Pradesh and others
49. W.P.20112 OF 2022 D. Prudhvi Raj v. The State of Andhra Pradesh and others
50. W.P.20138 OF 2022 D. Prudhvi Raj v. The State of Andhra Pradesh and others
51. W.P.20149 OF 2022 M. Vasantha Kumar v. The State of Andhra Pradesh and others Counsel for the petitioner/s : Sri K. Jyothi Prasad Counsel for respondents : GP for Municipal Administration and Urban Development; Advocate General; M. Manohar Reddy
52. W.P.41504 of 2022 Tata Sanyasi Raju v. The State of Andhra Pradesh and others Counsel for the petitioner/s : Sri K. Sairam Murthy Counsel for respondents : GP for Municipal Administration and Urban Development; Advocate General; M. Manohar Reddy
53. W.P.5638 of 2023 Kallepalli Suseela and others v. The State of Andhra Pradesh and others Counsel for the petitioner/s : Sri Pamarthi Kameswara Rao Counsel for respondents : GP for Municipal Administration and Urban Development; Advocate General; M. Manohar Reddy
COMMON ORDER
Since the issue involved in these writ petitions is one and the same, they are disposed of by this common order.
2. The above writ petitions are filed impugning the action of respondents in screening off the building permissions without issuing any notice or there being any order, as illegal, arbitrary and violation of Rule 26 of the Andhra Pradesh Building Rules, 2017 (for short ‘the Rules’), violation of principles of natural justice and Articles 14, 19 and 300-A of the Constitution of India.
3. a) The averments germane to decide the issue are as follows: The writ petitioners are bonafide purchasers/ transferees, having purchased TDRs from the registered owners. Pursuant to the purchase of TDRs from the respective owners they applied for sanction of building permissions. The Urban Local bodies/authorities granted permission to construct structure upon considering TDR bonds, as per the Rules in vogue.
b) The Commissioner of Tanuku Municipality (hereinafter referred to as Commissioner) awarded 17 TDR bonds in relation to land of an extent of Ac.18-55 cents, in R.S.Nos.226(P), 227(P), 228(P), 232(P) 233(P), 234(P) and 235(P) of Tanuku, earmarked, for purpose of parks/garden in the Master Plan of Tanuku Municipality, approved by the Government vide G.O.Ms.No.480 M.A., dated 19.09.2000, at 1:400% ratio in favour of respective owners. The Commissioner also awarded TDR bonds, 12 in number at 1:400% ratio, for an extent of Ac.9-36 cents, in R.S.Nos.759/2, 761/5, 761/3, 761/4, 764/2 to 6, 9 and 10 (Parts), 792/1F2a1(P), 762/1B, 792/1F1(P), 764/6, 10(P), 792 1F1(P), 1F2a2(P) of Tanuku, earmarked for compost yard with buffer 100 meters all around the compost yard as per the draft master plan approved by the Government vide G.O.Ms.No.204 dated 08.10.2014, in favour of respective land owners.
c) The petitioners, as stated supra, purchased the TDRs from the respective owners and applied for building permission. The permissions were sanctioned as per the Rules. As far as the stage of construction is concerned, in some cases, the construction is yet to commence, in three or four writ petitions the construction is completed and in some writ petitions, construction is going on.
d) The petitioners are bonafide purchasers of TDR bonds from respective owners. In fact, purchase of TDRs by the petitioners was acknowledged by the respondent authorities. The writ petitioners have spent valuable consideration to purchase TDRs for construction of additional floors/set backs, as per the Rules. While so, the respondent authorities unilaterally blocked the visibility of TDRs on their DPMS website and interface portal without any notice. Hence, the writ petitions.
4. a) Preliminary counter affidavit was filed on behalf on behalf of respondent No.1 and later additional counter affidavit was filed. While it was not disputed regarding issuance of TDRs in respect of Ac.18-55 cents and Ac.09-36 cents of lands which are earmarked for parks/garden and compost yard respectively to the owners of the properties, it was contended, inter alia, that the Commissioner issued TDR in 1:400% ratio against the ratio of 1:200%. The Commissioner mentioned the value per square yard, by mentioning D.Nos.10-13-7 and D.No.1-14-15/6, which are at a distance of 1.40 KM, and hence, it resulted in abnormal increase of value of property and consequentially caused abnormal increase in value of TDR bonds.
b) The Commissioner/authority without obtaining prior permission as per G.O.Ms.No.180 M.A. dated 01.12.2020, issued TDRs. Therefore, the Government vide G.O.Ms.No.195 MA&UD dated 04.04.2022, appointed A. Prabahakara Rao, CCP, GVMC, to conduct enquiry. Enquiry Officer enquired and submitted report vide ROC No.1/CCP/ Peshi/2022 dated 10.05.2022, wherein it was stated that the entire process has been done by Urban Local Body within a day or days in a hurried manner. All 29 TDR bonds were issued to a couple of families only and benefitted them by escalating the cost of TDR bonds. T
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