IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13754 of 2009 Between: C.Gopi, S/o. C.Ramulu, R/o. H.No.1-8-842/2, Sriramnagar, Baghjlingampally, Hyderabad. .... PETITIONER AND 1 The Greater Hyderaba Municipal Corporation, Rep by its Cheif Commissioner, O/o. Municipal Corportion of Greater Hyderabad, Tankbund, Hyderabad. 2 The City Planner, Circle-9, Municipal Corporation of Greater Hyderabd, Hyderabd. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction declaring the action of the resondents in insisting to product No Objection Certificate from the Revenue Authorities as well as from the Town Survey and Land Records Department for receiving and entertaining the application for construction of a building at H.No.1- 8-842/2, Sriramnagar, Baghlingampally, Hyderabad as illegal and arbitrary and consequently direct the respondents to receive and process the application for grant of building permission without insisting for No Objection Certificate either from the Revenue Authorities or from the Town Sur ey and Land Records Department and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.K.CHIDAMBARAM Counsel for the Respondents: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13754 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the respondents in insisting on production of ‘No Objection Certificate’ (NOC) from the Revenue authorities as well as the Department of Town Survey and Land Records for receiving and entertaining the petitioner’s application for construction of a building at H.No.1-8-842/2, Sriramnagar, Baghlingampally, Hyderabad, as arbitrary and illegal. I have heard the learned counsel for both the parties and perused the material on record. The law is well-settled that though there is enough power vested in the Commissioner under Sections 428, 429, 431 and 434 of the Hyderabad Municipal Corporations Act, 1955 to call for such necessary particulars and information, as is considered appropriate to satisfy himself about the title, right and interest of the petitioner over the land on which the building is sought to be erected, there is no provision in the Act to insist upon the applicants to submit ‘No Objection Certificate’ either from the revenue establishment of the State Government or from the Town Survey and Land Records Department. In the light of the settled legal position noticed above, the Writ Petition is disposed of at the stage of admission with a direction to the respondents to receive the application submitted by the petitioner for grant of building permission and process the same in accordance with law without insisting upon production of `No Objection Certificate’ (NOC) either from the revenue administration or from the Department of Town Survey and Land Records and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of this order. The Writ Petition is accordingly disposed of. No costs. _____________ G. ROHINI, J Dt. 10th July 2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 13754 of 2009 DATED : 10-07-2009