WP/34544/2011 of M/s AB Holding Company, Vs Greater Hyderabad Municipal Corporation, on 29 December 2011

O R D E R:

This writ petition is filed seeking to issue writ of Mandamusdeclaring the letter, dated 12.12.2011, of respondent Nos.1 and 2requiring the petitioner to submit ‘No Objection Certificate’ fromrespondent No.3 for processing the application submitted by thepetitioner for permit and sanction of building plans as illegal andarbitrary and consequently direct respondent Nos.1 and 2 to processthe application of the petitioner without insisting for No ObjectionCertificate from respondent No.3.

2. Heard the learned counsel for the petitioner as well as Sri C.Damodar Reddy, learned Standing Counsel appearing forrespondent Nos.1 and 2 and the learned Government Pleader forRevenue appearing for respondent Nos.3 and 4.

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 petitionerseeking permission to construct a building in accordance with theprovisions of the Hyderabad Municipal Corporation Act, 1955, and the building 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.34544 OF 2011

AMD

1.2001(3) ALT 200

2. 2000(3) ALT 225

Date:29.12.2011