HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.21437 OF 2011 20th September, 2011 Between 1. Saam A. Chinoy S/o late Astad E. Chinoy 2. Jehangir S. Chinoy S/o Saam A. Chinoy Both are residents of 206, Tarband, Sikh Road, Secunderabad. ….. Petitioners And 1. The Secunderabad Cantonment Board, rep. by its Chief Executive Officer, Secunderabad. 2. The Chief Executive Officer, Secunderabad Cantonment Board, Secunderabad. …. Respondents HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.21437 OF 2011 ORDER: Though this writ petition is instituted for declaring the action of the respondents in not granting the building permission in favour of the petitioners in respect of property bearing No.206A, Tarbund, Sikh Road, Secunderabad Cantonment as illegal, however, learned counsel for the petitioners would submit that the petitioners would be satisfied if the first respondent-Secunderabad Cantonment Board is directed to consider the building application of the petitioners and take an appropriate decision thereon, so that they can have a right of appeal in case the decision of the board goes against their interests. He therefore prays that the first respondent-Board should evaluate the application on merits and an appropriate decision should be taken on that at the earliest. 2. Sri Deepak Bhattacharjee, learned standing counsel for the Cantonment Board would submit that when an inspection has been undertaken, it was factually realized that there is no approach road to the building proposed to be constructed by the petitioners and hence his application cannot be considered at all. However, the learned counsel for the petitioners was quick to add that necessary arrangements have been made by them by entering into agreements with the coparceners and therefore an appropriate provision is made for formation of an approach road to his site and this fact is already brought to the notice of the first respondent-Board for its consideration. 3. Therefore, I consider it appropriate to direct the first respondent-Board to take up the application of the writ petitioners seeking permission to construct a building and decide the same on merits and communicate the decision taken thereon to the petitioners within a maximum period of six weeks from the date of receipt of a copy of this order. It is needless for me to observe that the first respondent-Board will bear in mind while dealing with the application of the petitioners, all the statutory provisions, rules, regulations and guidelines, clarifications issued on the subject including the memo dated 16.01.2003 issued by Directorate of Defence Estates, Ministry of Defence, Southern Command, Pune. 4. With this, the writ petition stands disposed of. No costs. __________________________________ Justice Nooty Ramamohana Rao September 20, 2011 SP HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.21437 OF 2011 September 20, 2011 SP