Telangana High Court
WP/34603/2011 of Ravi Kumar Vs The Greater Hyderabad Municipal Corporation on 29 December 2011
SRI JUSTICE K.C.BHANU WRIT PETITION NO.34603 OF 2011 O R D E R: This writ petition is filed seeking a declaration that the action of the respondents in not receiving the application from the petitioners for issuance of building permission and insisting the petitioners for getting ‘No
THE HON'BLE SRI JUSTICE K.C.BHANUWRIT PETITION NO.34603 OF 2011
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O R D E R:
This writ petition is filed seeking a declaration that the action ofthe respondents in not receiving the application from the petitioners forissuance of building permission and insisting the petitioners for getting‘No Objection Certificate’ from the Revenue Authorities for constructionof a building in premises bearing H.No.5-3-825, admeasuring 1513.66Sq.yards or 1265.61 Sq.Metres situated at Shanker Bagh, GoshaMahal, Hyderabad, is arbitrary and illegal.
2. Heard the learned counsel for the petitioners as well as Sri C.Damodar Reddy, learned Standing Counsel appearing for the respondents.
3. The question involved in this Writ Petition is no longer resintegra. This Court in Hyderabad Potteries Private Limited V.Collector, Hyderabad District and another[[1]]and District Collector
V. N.Krishna Mohan[[2]], having considered an identical question, heldthat the authority cannot refuse to receive the building permissionapplication on the ground of not furnishing ‘No Objection Certificate’from the Revenue Authorities.
4. In the light of the ratio laid down in the above decisions, thepresent writ petition is disposed of with a direction to the 1[st]respondent – Greater Hyderabad Municipal Corporation, Hyderabad totake appropriate decision on the application made by the petitionersseeking permission to construct a building in accordance with theprovisions of the Hyderabad Municipal Corporation Act, 1955, and thebuilding Rules and regulations made thereunder, without insisting onproduction of ‘No Objection Certificate’ from the Revenue Authorities.
No costs.
29[th] December, 2011.AMD
_______________K.C.BHANU, J
THE HON'BLE SRI JUSTICE K.C.BHANU
WRIT PETITION NO.34603 OF 2011
AMD
1.2001(3) ALT 200
2. 2000(3) ALT 225
Date:29.12.2011