Telangana High Court
WP/41045/2014 of M/S KONARK BUILDERS Vs The Greater Hyd. Municipal Corpn. of Hyd. on 31 December 2014
SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.41045 of 2014 O R D E R : Heard Sri K.Ravinder Reddy, learned counsel for the petitioner and Sri C.DAmodar Reddy, learned Counsel for respondent Nos.1 and 2 and the learned Government Pleader for Revenue for respondent No.3. 2. The question
THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRARAOWRIT PETITION No.41045 of 2014
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O R D E R :
Heard Sri K.Ravinder Reddy, learned counsel for the petitioner and Sri C.DAmodar Reddy, learned Counsel forrespondent Nos.1 and 2 and the learned Government Pleaderfor Revenue for respondent No.3.
2. The question involved in this Writ Petition is, whether‘No Objection Certificate’ from the Revenue Authorities can beinsisted upon by the respondents in order to receive andprocess the application for building permission beingsubmitted by the petitioner.
3. Both the counsel stated that this issue is covered bythe judgments of this Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District & another[[1]]; District Collector v. N.Krishna Mohan[[2]]and W.P.No.32363of 2011.
4. In view of the above decisions, this Writ Petition isalso disposed of directing the 1[st] respondent-GHMC to takean appropriate decision on the application made by thepetitioner seeking permission to construct a building, inaccordance with the provisions of the Hyderabad MunicipalCorporation Act, 1955 and the Building Rules and Regulations made there under, without insisting for production of ‘NoObjection Certificate’ from the Revenue Authorities. Thereshall be no order as to costs.
5. Consequently, Miscellaneous Petitions pending ifany, shall stand closed.
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JUSTICE M.S.RAMACHANDRA RAO
Date : 31-12-2014Vsv/*
[1]2001(3) ALT 2002001(3) ALT 200
[2]2000(3) ALT 5252000(3) ALT 525