WP/29183/2009 of Mohammed Abdul Mannan Vs Greater Hyderabad Municipal Corporation, rep.byi ts on 31 December 2009

ORDER:

THE HON’BLE MR JUSTICE L. NARASIMHA REDDYWrit Petition No.29183 of 2009

The petitioners intended to make construction over their houseadmeasuring 760 square yards situated at Sham Nagar, Hyderabad. For that purpose, they wanted to submit applications beforerespondent Nos.1 to 3. The grievance of the petitioners is thatrespondent Nos.1 to 3 are not receiving the applications, on theground that they did not obtain “No Objection Certificate” from theDistrict Collector, respondent No.4 herein. They seek appropriatedirections, in this regard.

Heard learned counsel for the petitioners, learned StandingCounsel for respondents 1 to 3 and learned Government Pleader forRevenue for respondent No.4.

The question as to whether it is competent for the MunicipalCorporation to insist on production of “No Objection Certificate” fromrevenue authority is no longer res integra. I n Hyderabad Potteries Private Limited v. Collector, Hyderabad[[1]], this Court dealt with thatvery question and held that a local authority cannot insist onproduction of “No Objection Certificate” from the revenue authority.

Following the same, the Writ Petition is disposed of, directingrespondent Nos.1 to 3 to receive and process the applications of thepetitioners without insisting on production of “No Objection Certificate”from respondent No.4.

There shall be no order as to costs.

_____________________

Dt.31-12-2009.

GJ

[1]2001(3) ALD 600

L. NARASIMHA REDDY, J.