1. The petitioner is aggrieved by inaction of the 2nd respondent in issuing the TDR bonds/certificates to the petitioner in accordance with the Government Market Value at Rs.37,000/- per square yard which was the existing market value as on the date of execution of the registered gift deed dated 02.11.2023 for the land which was acquired for the purpose of the 100 feet vide master plan road. A consequential direction to the respondents to issue TDR bonds/certificates in accordance with the market value at the rate of Rs.37,000/- per square yard.

2. The learned counsel appearing for the petitioner submits that the petitioner executed a registered gift deed dated 02.11.2023 and transferred title over land admeasuring 199.49 square yards in Sy.No.174/3 of Konkachennayagunta Area, Tirupati for formation of a 100 feet road. It is submitted that the petitioner purchased the said property vide registered sale deed dated 11.08.2006.

3. It is submitted that the respondent authorities visited the petitioner’s property and issued a notice duly informing the petitioner the requirement of the property for road widening. The petitioner was required to submit the title documents and the petitioner was assured of TDR bonds/certificates in lieu of compensation and called upon the petitioner to execute a registered gift deed. The petitioner accordingly executed the registered gift deed on 02.11.2023.

4. It is submitted that though the petitioner constructed to accept the TDR bonds/certificates the 2nd respondent authority delayed the issuance of TDR bonds/certificates. After repeated requests the petitioner was informed to submit an online application. The petitioner submitted the application on 29.03.2025. The petitioner was called upon to furnish the copy of the gift deed which was promptly uploaded.

5. It is submitted that the scrutiny committee which was constituted for issuance of TDR bonds/certificates had recommended the issuance of TDR bonds/certificates to the petitioner at the market value of Rs.17,000/- per square yard and called upon the petitioner to submit the market value certificate along with the copy of the registered gift settlement deed dated 02.11.2023.

6. The petitioner obtained the market value certificate issued by the competent Sub Registrar which indicates the price of one square yard as Rs.37,000/-. It is submitted that Rs.37,000/- per square yard was the then prevailing value at the time of execution of the gift deed in favour of the 2nd respondent. The learned counsel for the petitioner has placed on record the market value certificate dated 01.09.2025 indicating the value of one square yard as Rs.45,000/-.

7. It is submitted that the scrutiny committee ought to have acted in a fair manner and determined the value in accordance with the Sub Registrar value prevailing as on the date of execution of the gift deed by the petitioner. It is also submitted that the petitioner hails from a lower middle class family and has no other property for livelihood. However, had yielded to the pressure of the 2nd respondent and executed the gift deed even before the 2nd respondent determined the eligibility of the petitioner for grant of TDR bonds/certificates. It is submitted that had the petitioner obtained legal help from any learned Advocate, he could have been informed about his entitlement for compensation under the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. It is the misfortune of the petitioner, she had executed the gift deed as demanded by the 2nd respondent and is now forced to run from pillar to post for claiming the compensation/TDR certificates for which she is legally entitled to.

8. The 2nd respondent has filed a counter and it is not in dispute that the petitioner has executed the gift deed as desired by the respondent authorities , however it is stated that the gift deed was executed by mentioning the survey number as Sy.No.174/3 instead of Sy.No.174/2 and as such called upon the petitioner to execute a rectification deed. It is also stated that the market value of Sy.No.174/2 is Rs.17,000/- per square yard and the petitioner cannot claim for TDR bonds/certificates at any other value than the prevailing market value.

9. The petitioner has filed reply affidavit and it is submitted that the notice issued by the 2nd respondent calling upon the petitioner to execute gift deed in Sy.No.174/3 and the respondent authorities have also verified the title of the petitioner and completed the title veritification and after satisfied with the title of the petitioner have agreed for issuing the TDR bonds/certificates. It is submitted that land in Sy.No.174/3 and Sy.No.174/2 is valued at Rs.45,000/- per square yard as on 01.09.2025. The value of the land as on the date of execution of the registered gift deed was Rs.37,000/- per square yard. The petitioner had also submitted the sketch of the site which was gifted by the petitioner and the photographs showing the location of the site. As seen from the sketch and the location of the site, the property is a commercial property abutting the main road.

10. Heard the learned counsel for the petitioner and the learned standing counsel for the 2nd respondent. Perused the material on record.

11. The short point for consideration is whether the petitioner’s claim for issuance of TDR bonds/certificates at the then prevailing market value as on the date of execution of the gift deed is justified.

12. The title of the petitioner is not in dispute. The execution of the registered gift deed by the petitioner is also not in dispute. The 2nd respondent has control over the property gifted by the petitioner and can proceed with the laying of the proposed 100 feet road at their convenience.

13. The 2nd respondent has not produced any document to show the then prevailing market value of the land was at Rs.17,000/- per square yard. On the contrary, the petitioner has submitted copies of the prevailing market value as on the date of execution of gift deed as Rs.37,000/- per square yard. The petitioner has also submitted market value certificate of the property as on 01.09.2025 as Rs.45,000/- per square yard.

14. The TDR bonds/certificate scrutiny committee cannot be justified in fixing up the market value according to their whims and fancies without any rationale. As rightly contended by the learned counsel for petitioner that, the petitioner would be ideally entitled for claiming compensation under Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. However, had settled for accepting TDR bonds/certificates at the market value on account of ignorance of law. However, the 2nd respondent has constituted scrutiny committee for determining the eligibility of the applicants for issuance of TDR bonds/certificates and the said committee determined the value of the property at Rs.17,000/- per square yard without any basis.

15. The 2nd respondent had issued notice calling upon the petitioner to execute gift deed in land falling under Sy.No.174/3. Accordingly, the petitioner executed a gift deed. The petitioner is willing to execute the rectified gift deed by mentioning Sy.No.174/2 instead of Sy.No.174/3, the same can be completed at any point of time. The pendency of the said process should not preclude the authorities in issuing the TDR bonds/certificate to the petitioner.

16. The market value certificate of Sy.No.174/2 and 174/3 as on 01.09.2025 is shown as Rs.45,000/- per square yard. The petitioner is entitled for issuance of TDR bonds/certificates at Rs.37,000/- per square yard the then prevailing market value per square yard as on the date of execution of gift deed dated 02.11.2023.

17. Accordingly, the writ petition is allowed directing the respondent authority to issuance TDR bonds/certificates by duly taking into consideration the then prevailing market value per square yard as Rs.37,000/- as on the date of execution of gift deed. Considering the delay in issuing TDR bonds to the petitioner though the property of the petitioner was taken possession two years ago, there shall be a direction to the respondent authority to issue TDR bonds/certificates to the petitioner duly calculating the market value at Rs.37,000/- per square yard. At any rate, the respondent authority shall issue the TDR bonds to the petitioner within a period of ten weeks from the date of receipt of this order.

18. Accordingly, writ petition is allowed. No costs.

                  As a sequel, miscellaneous applications, pending, if any, shall stand closed.