WP/19763/2005 of Smt.Sumitra Varma, Vs The Commisioner, Survey AND Land Records, on 30 December 2005

ORDER:

This writ petition has been filed by the petitioners, who are two in number,assailing the action of the Commissioner, Municipal Corporation of Hyderabad-4[th] respondent in not receiving the application for building permission.

2. The petitioners claim that they are the owners and possessors of housebearing No.7-1-87/A(part) admeasuring 107 square yards or 89.49 squaremeters with total built-up area of 668 square feet having purchased the samefrom Premavathi under registered sale deed dated 15.09.2004. TheCommissioner, Municipal Corporation of Hyderabad-4[th] respondent has refused to receive the building permission application on the ground that the petitionershave not filed ‘No Objection Certificate’ issued by the revenue authorities. Thepetitioners were further advised to obtain Town Survey Land Record (TSLR)Certificate from the office of the respondents 1 to 3. The petitioners madeapplications to the respondents 1 and 2 for issuance of copy of TSLRCertificate in respect of the house claimed by them. The respondents 1 and 2issued memo vide Ref.Dis. No.A3/TS/657/2005, dated 06.08.2005, stating thatthe house bearing No.7-1-87/A(part) is not recorded in town survey records. Itis further informed to the petitioners that in the town survey land records, theland in question is recorded as G.Abadi. According to the petitioners, at thetime of the survey, the land was vacant and therefore, entry came to berecorded as G.Abadi as per G.O.Ms.No.1039 Revenue [R] Department, dated14.09.1972. Subsequent to the survey, constructions came to be made and thesaid constructions came to be assessed for tax by the authorities concerned.Because of the memo issued by the respondents 1 and 2, the 4[th] respondent isnot inclined to receive the application of the petitioners for building permission.To know the grievance of the petitioners, I deem it appropriate to refer paras.7and 8 of the writ affidavit and they are thus:

7. Because of the impugned Memo, the respondent No.4 is not inclined toreceive application for construction permit. It is also submitted that TSLR isnot a sole guiding factor to decide the right of parties as held by this Hon’bleCourt in case reported in 2001(3) ALT page 200.

8. It is further submitted that the respondent No.4 has no legal right to refuseto accord construction permit merely because of the impugned memo. Theprovisions of Municipal Corporation of Hyderabad M.C.H. Act do not make itmandatory that a No Objection Certificate has to be obtained to get sanctionconstruction permit. The demand of respondent No.4 is absolutely illegal andarbitrary. Hence, the writ petition.”

3. 4[th] respondent filed counter-affidavit. It is stated in the counter-affidavit thatthe property located in T.S.No.16, Block-D, Ward No.107 of Bholakpur village,Secunderabad Mandal, has been recorded as G-Abadi land in Column No.2 ofT.S.L.R. Therefore, 4[th] respondent-Corporation insisted the petitioners tosubmit ‘No Objection Certificate’ along with the application for buildingpermission with a view to verify prima facie title and to avoid further litigation.Para.4 of the counter-affidavit needs to be noted and it is thus:

“4.It is submitted that the petitioners themselves are questioning withregard to the status of land as mentioned in the para No.5 wherein it isclearly stated that the property is located T.S.No.16, Block-D, Ward No.107of Bholakpur Village, Secunderabad Mandal, under Column No.2 of TownSurvey Land Register, it is recorded as G.Abadi. Therefore, the respondentcorporation is insisting upon the parties to submit NOC along with theapplication for building permission with a view to verify the prima facie titleand to avoid the delay in verifying the prima facie title and to avoid furtherlitigation and to know the status of the land. Even as per Section 429 of theHyderabad Municipal Corporation Act read with the building bye laws, theCommissioner, Municipal Corporation of Hyderabad is empowered to askthe petitioners to produce any document in support of the title of the property,if it is required to be produced in the opinion of the Commissioner. The actionof the 4[th] respondent in insisting to produce NOC from the Joint Collector isas per the provisions of Hyderabad Municipal Corporation Act and well withinthe purview of the Commissioner or any other authorized officer. There areno merits in the writ petition and the same is liable to be dismissed.”

4. Heard learned counsel appearing for the petitioners and learned StandingCounsel appearing for the 4[th] respondent.

5. Learned counsel appearing for the petitioners submits that mere entry in theT.S.L.R. cannot be a ground to reject the building permission application of thepetitioners and therefore, the action of the 4[th] respondent in not accepting theapplication for building permission based on the entry in the T.S.L.R. is notlegal and proper. In support of his submission, reliance has been placed on thedecision of our High Court in Hyderabad Potteries Pvt. Ltd. v. Collector,Hyderabad District and another.

6. Learned Standing Counsel appearing for the 4[th] respondent supported theaction of the 4[th] respondent in not entertaining the application of the petitionerfor building permission.

7. In Hyderabad Potteries Pvt. Ltd. v. Collector, Hyderabad District andanother (supra), it has been held that the entry in the T.S.L.R. is not a soleguiding factor to decide the rights of parties in the land. In view of the settledposition of law, the action of the 4[th] respondent in not entertaining the application of the petitioners for building permission based on the entry in theT.S.L.R. cannot be justified.

8. Accordingly, the writ petition is disposed of directing the 4[th] respondent toentertain the application of the petitioners for building permission and passappropriate orders in accordance with the provisions of the HyderabadMunicipal Corporation Act and the Rules governing thereto. No costs.

Date: 30[th] December, 2005.

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B.SESHASAYANA REDDY, J.

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