IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 6020 of 2008 Between: Md. Shakir, S/o. Md. Habeeb, R/o.8-3-167/26/A, Erragadda, Hyderabad. ..... PETITIONER AND 1 The Greater Hyderabad Municipal Corporatlion, Tank Bund, Hyderabad, Rep. by its Commissioner. 2 The Assistant City Planner, Circle-V, Municipal Corporatlion of Hyderabad, Khairatabad, 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in insisting for No Objection Certificate (NOC) from the Joint Collector, Hyderabad and to receiving the building application of the petitioner in respect of premises bearing No.8-3-167/A/55/7 admeasuring 370 Sq. yards in Sy. No.137/A, situated at Vikaspuri Colony, Yousufguda, Hyderabad and not granting building permission as illegal, arbitrary, contrary to the provisions of the Hyderabd Municipal Corporation Act, 1955 and building bye-law 1981 and consequently direct the respondents to receive the building application of the petitioner and grant building permissions without insisting No-Objection Certificate (NOC) from the Joint Collector, Hyderabad, and pass Counsel for the Petitioner : Sri M.A. Shakeel Counsel for the Respondents : Smt. Kalpana Ekbote The Court made the following O R D E R: The writ petitioner seeks directions to the respondent-Greater Hyderabad Municipal Corporation to entertain the application submitted by him for construction of a building in premises bearing No.8-3-167/A/55/7 situated in Survey No. 137/A, Vikaspuri Colony, Yousufguda, Hyderabad, without insisting for ‘No Objection Certificate’ from the Joint Collector, Hyderabad. Heard Smt. D. Padmavathi, the learned counsel for the petitioner and Smt. Kalpana Ekbote, the learned Standing Counsel for the respondent-Greater Hyderabad Municipal Corporation. It will be worthy to notice that every person, who intends to erect a building, shall give to the Commission of the Corporation a notice indicating, with necessary details, the nature of the construction sought to be undertaken. While entertaining the said application, in terms of Sections 429 and 434, the Hyderabad Municipal Corporations Act, 1955 empowers the Commissioner to require the person, who has given the notice referred to supra, to furnish the necessary information including the relevant documents. Therefore, the statute had provided for necessary information to be called for from the prospective builders. However, there is no provision either for the Municipal Corporation or its Commissioner to insist upon a ‘No Objection Certificate’ to be obtained from the revenue establishment of the State Government. It is one thing to say that the applicant did not satisfy the Corporation or its Commissioner about the legitimacy of his title to the property in question or that the land where the development is sought for has not been approved by the Urban Development Authority as a lay out. Therefore, the respondents are directed to entertain the application of the petitioner seeking permission for construction of a building without insisting for ‘No Objection Certificate’ from the revenue establishment of the State and process the same and pass orders considered appropriate thereon in accordance with law. With this, the wit petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 25th March 2008 Note: Issue CC in three days. ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}