Telangana High Court
WP/26654/2006 of Abdul Aziz, Vs The Municipal Corporation of Hyderabad, on 22 December 2006
SRI JUSTICE P.S.NARAYANA WRIT PETITION No.26654 of 2006 DATED: 22.12.2006 Between: Abdul Aziz, s/o. Late Almas Bin Abdulla. … Petitioner and The Municipal Corporation of Hyderabad, rep. by its Commissioner and another. ...Respondents THE HON’BLE SRI JUSTICE P.S.NARAYANA
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Conclusion
THE HON’BLE SRI JUSTICE P.S.NARAYANA
WRIT PETITION No.26654 of 2006
DATED: 22.12.2006
Between:
Abdul Aziz, s/o. Late Almas Bin Abdulla.
and
…
Petitioner
The Municipal Corporation of Hyderabad,rep. by its Commissioner and another.
...Respondents
THE HON’BLE SRI JUSTICE P.S.NARAYANA
WRIT PETITION No.26654 of 2006
ORDER:
Heard Smt. G.Jyothi Kiran, learned Standing Counselrepresenting the respondents.
The Writ Petition is filed for a Writ of Mandamus declaring theaction of the respondents in not considering the application, dated.14.07.2006, submitted by the petitioner for grant of buildingpermission in Premises No.6-2-48/3, admeasuring 404 sq. yds.situated at A.C.Guards, near Holy Mary School, Hyderabad, on theground that No Objection Certificate from the Joint Collector,Hyderabad is not submitted, as illegal, arbitrary, contrary to law, and consequently, direct the respondents to consider the buildingpermission application of the petitioner without insisting ‘No Objection Certificate’ from the Joint Collector, Hyderabad, and to pass suchsuitable orders.
It is stated that the petitioner is the absolute owner of the propertypremises bearing No.6-2-48/3 admeasuring 404.00 sq. yards. situatednear Holy Mary School, A.C.Guards, Hyderabad, and initially, the saidland was allotted to the father of the petitioner, who was an Ex.ServiceMan, on 29.06.1940. It is also stated that the said property was latergifted by the petitioner’s father to his elder son/elder brother of thepetitioner. The elder brother of the petitioner sold away the property tothe petitioner on 09.08.1961. The respondents-Corporation hadgranted permission to the petitioner to construct a compound walltherein, vide Permit No.94/94 of 1966, file No.13/Open/6/66, dated22.02.1966. When the respondents- Corporation was interfering withthe possession and enjoyment of the petitioner and disputing hisownership, he filed O.S.No.586/1995 on the file of VI Senior CivilJudge, City Civil Court, Hyderabad, and the said suit was decreed on13.12.2002 in favour of the petitioner.
It is also stated that with an intention to construct a building, thepetitioner submitted an application to the Corporation on 14.07.2006. Since, there was no response, the petitioner approached therespondents-Corporation, and the petitioner was informed that hisapplication was not considered, due to non-submission of NoObjection Certificate from the Joint Collector. It is needless to say thatthis Court repeatedly held that while considering the buildingpermission applications, the respondents cannot insist upon theproduction of No Objection Certificate from the Joint Collector.
In view of the same, the Writ Petition is disposed of directing therespondents to consider the permission application filed by thepetitioner, dated 14.07.2006, for construction of the building relating to the subject matter of the Writ Petition, without insisting any NoObjection Certificate from the Joint Collector, Hyderabad, and disposeof the same in accordance with law, within a period of four weeks fromthe date of receipt of a copy of this Order.
Accordingly, the Writ Petition is disposed of with the abovedirection. No order as to costs.
__________________
(P.S.NARAYANA, J)
Dt:22.12.2006vv/bsb