Telangana High Court
WP/28414/2009 of Smt Najeebunnisa Begum Vs Greater Hyderabad Municipal Corporation on 29 December 2009
COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THIS THE 29th DAY OF DECEMBER, 2009 W.P.No.28414 of 2009 Between: Smt Najeebunnisa Begum ... PETITIONER(S) and Greater Hyderabad Municipal Corporation rep. By its Commissioner and Special Officer, Tank Bund Road, Hyderabad and another
IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD
TUESDAY, THIS THE 29[th] DAY OF DECEMBER, 2009W.P.No.28414 of 2009
Between:
Smt Najeebunnisa Begum
and
... PETITIONER(S)
Greater Hyderabad Municipal Corporation rep. By itsCommissioner and Special Officer, Tank Bund Road,Hyderabad and another …RESPONDENT(S)
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDYWRIT PETITION No.28414 of 2009
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ORDER:
The petitioner intended to make construction overher plots at Shaikpet Village, Banjara Hills, Hyderabad. For that purpose, she wanted to submit application beforethe 1[st] respondent. The grievance of the petitioner is thatthe 1[st] respondent is not receiving the application, on theground that she did not obtain “No Objection Certificate”from the District Collector, 2[nd] respondent herein. Sheseeks appropriate directions in this regard.
Heard the learned counsel for the petitioner, learnedStanding Counsel for the 1[st] respondent and the learnedGovernment Pleader for Revenue appearing forrespondent No.2.
The question as to whether it is competent for theMunicipal Corporation to insist on production of “NoObjection Certificate” from revenue authority is no longerres integra. In Hyderabad Potteries Private Limited Vs.Collector, Hyderabad[[1]], this Court dealt with that veryquestion and held that a local authority cannot insist onproduction of “No Objection Certificate” from the revenueauthority.
Following the same, the writ petition is disposed of,directing the 1[st] respondent to receive and process theapplication of the petitioner without insisting on productionof “No Objection Certificate” from respondent No.2. Thereshall be no order as to costs.
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L.NARASIMHA
REDDY,J
Dt:29.12.2009CVRK
[1]2001(3) ALD 600