IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.15515 of 2009 Between : Nafeesunnisa, W/o. Syed Habeebuddin, R/o. H.No. 16-10-35/A, Malakpet, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Rep. by its Chief Commissioner, Tank Bund, Hyderabad. 2 Assistancy City Planner, Circle -4, Municipal Corporatino of Hyderabad, Hyderabad. .....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 an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in refusing to receive and process petitioner's application for building permission for construction of building in Premises No. 16- 10-35/B, Malakpet, Hyderabad as it is not accompanied with TSLR Certificate and NO Objection Certificate, as illegal, arbitrary and violative of principles of natural jutice and consequently direct the respondents to receive and proces the application for building permission without insisting for TSLR Certificate and No Objection Certificate. Counsel for the Petitioner : MR.SREENIVASA RAO VELIVELA Counsel for the Respondents : R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER : Heard learned counsel for petitioner and the learned Standing Counsel appearing for the respondents. 2. The petitioner is owner of a house bearing No.16-10- 35/B, constructed in an area of 88 square yards, equivalent to 74 square metres, situated at Malakpet, Hyderabad. 3. It is the grievance of the petitioner that when he submitted an application to the 2nd respondent, as required under the provisions of the Hyderabad Municipal Corporation Act, 1955, seeking permission for construction of a new building in place of the existing one, his application is not being received on the ground that it is not accompanied by the Town Survey and Land Records (TSLR) Certificate, and also ‘No objection Certificate’ from the revenue authorities. In support of his case, the learned counsel for petitioner seeks to rely on the judgment of this Court in the case of Hyderabad Potteries Private Limited V. Collector, Hyderabad District[1], wherein, a learned Single Judge of this Court, while considering an identical issue, has held that the application for grant of construction permission cannot be refused merely basing on the entries made in TSLR. It is further observed that when an application for construction is made, it is for the respondent- authority to consider it independently, having regard to the documentary evidence produced by the petitioner for grant of permission. So far as the 'No objection certificate' is concerned, there is no requirement for production of such certificate, either under the provisions of the Hyderabad Municipal Corporation Act, or the by-laws made thereunder. In view of the same, as much as the application of the petitioner is not being received at all, this writ petition is disposed of, directing the respondents to receive the application of the petitioner for construction of building in the premises bearing No.16-10-35/B, situated at Malakpet, Hyderabad, without insisting either for TSLR Certificate or for ‘No objection Certificate’ from any authority, subject to compliance of the Statutory requirements, and consider the same in accordance with the Rules framed under the Municipal Corporation Act and the by-laws made thereunder. 4. Subject to above directions, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 31st July 2009 ajr [1] 2001 (3) ALD 600