THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.4423 OF 2010 Dated:25.02.2010 Between: Zeenath Developers Private Limited, Rep., by its Director Sri Syed Mhammed Sadique, S/o.Segu Abdul Kader, aged: about 57 years, R/o.No.7, Shenoy Road, Nungambakkam, Chennai, Rep., through his GPA Holder Sri Khader Sultan, S/o.Syed Ibrahim, aged: about 59 years, Occ: Business, R/o.No.7, Shenoy Road, Nungambakkam, Chennai .. Petitioner And The Greater Hyderabad Municipal Corporation, Rep., by its Commissioner and Special Officer Having office at Tank Bund Road, Hyderabad And another .. Respondents THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.4423 OF 2010 ORDER: Heard learned counsel for petitioner and also learned Standing Counsel for the 1st respondent – the Greater Hyderabad Municipal Corporation. The grievance of the petitioner’s company is that it being the absolute owner and possessor of the above said land, sought permission for construction of a building over the land in question, as required under the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’), but, the 1st respondent is not receiving its application for grant of building permission only on the ground that it has not produced No Objection Certificate from the 2nd respondent. It is submitted by the petitioner that no such certificate is required to be filed as per the provisions of the Act. This Court already examined the aspect as to whether the application for grant of permission is to be filed along with No Objection Certificate issued by the District Collector, in the case of Hyderabad Potteries V. the Commissioner, MCH, Hyderabad[1], in which it was held that respondents cannot refuse to consider the application only on the ground that No Objection Certificate issued by the District Collector is not filed. In view of the judgment referred to above, I deem it appropriate to dispose of the Writ Petition with a direction the to 1st respondent to receive and consider the application of the petitioner for grant of building permission in respect of the open plot in Survey No.38/A admeasuring 217 square yards situated at Upperpalli Village, Rajendranagar Mandal, Ranga Reddy District, without insisting for No Objection Certificate from the 2nd respondent. However, it is made clear that such consideration shall be in accordance with the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 and Building Bye Laws made thereunder. Subject to the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs. _____________________ R. SUBHASH REDDY, J 25.02.2010 KH [1] 2001 (3) ALT 200