THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.8339 OF 2010 O R D E R: This writ petition is filed seeking to issue a writ of Mandamus declaring the action of respondent No.1 in insisting on production of ‘No Objection Certificate’ from respondent No.2-District Collector for issuance of Building permission in respect of the property admeasuring 648.00 Square Yards or 541.72 Square Meters, comprising a part of Plot No.11 bearing Municipal No.8-2-120/86/1 situated in Old Road No.3 and New Road No.2, Banjara Hills, Hyderabad as illegal and arbitrary and consequently direct respondent No.1 to accept the application for construction of building permission along with copies of proposed plan and permit fee from the petitioner without insisting for ‘No Objection Certificate’ from respondent No.2 and grant permission. 2. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: The petitioner is the lawful owner and possessor of the aforementioned property having purchased the same under a registered sale deed and has been in possession and enjoyment of the same. In the year 1985, he constructed a small shed in the above said property for safeguarding his property from encroachments and the same was assessed to tax and was allotted aforementioned house number. Thereafter, he approached respondent No.1 for obtaining building permission. On 31.07.1992, when the petitioner made construction upto basement level for the purpose of constructing a compound wall on the aforesaid property, some officials of respondent No.2 forcibly and illegally demolished the compound wall alleging that the suit schedule land is a Government land. Aggrieved thereby, he filed O.S.No.1121 of 1992 on the file of VIII Senior Civil Judge, City Civil Court, Hyderabad for declaration and injunction, but the same was partly decreed granting injunction and refusing the declaration. Aggrieved thereby, he preferred A.S.No.553 of 2005 on the file of the Chief Judge, City Civil Court, Hyderabad, but the same was dismissed. Hence, he preferred Second Appeal No.14 of 2008 on the file of this Court and the same is pending. Respondent No.2 filed L.G.C.No.26 of 1990 on the file of the Special Court under A.P. Land Grabbing (Prohibition) Act claiming that the land in question is part of Plot No.10 of erstwhile Jubilee Hills Municipality. The said case was filed against his predecessors-in-title, who claimed that the same is part of Plot No.11 of Jubilee Hills Municipality. The Special Court dismissed the case and the said order became final. On 20.10.2008, the petitioner approached respondent No.1 for issuance of construction permission along with application, plan and relevant documents. On 03.11.2008, respondent No.1 asked him to submit Feasibility Certificate, Land Use Certificate from the HUDA and No Objection Certificate from the Collector/approved lay out copy. As per Greater Hyderabad Municipal Corporation Act, 1955, No Objection Certificate from respondent No.2-District Collector is not at all required for receipt of application for building permission. Hence, the present writ petition. 3. Respondent No.1 filed counter-affidavit stating that since the property in question is not covered by any approved layout, the petitioner can avail the benefit of the Land Regularization Scheme under G.O.Ms.No.902 MA, dated 31.12.2007, and get the property regularized if he has prima facie title. The petitioner can obtain the building permission by proving his prima facie title and after getting the property regularized. 4. Learned counsel appearing for the petitioner contended that in view of the decision of this Court in Hyderabad Potteries Private Limited V. Collector, Hyderabad District and another[1], the respondents cannot deny the building permission on the ground of non- production of ‘No Objection Certificate’ from the revenue officials. 5. On the other hand, learned Standing Counsel appearing for respondent No.2 contended that though the respondents cannot insist for No Objection Certificate from the revenue officials, the petitioner has to produce the Feasibility Certificate and Land Use Certificate from the HUDA and hence, prays to dismiss the writ petition. 6. The petitioner seems to have applied for construction of the building in the premises admeasuring 648.00 Square Yards of site Old Road No.3 and New Road No.2, Banjara Hills, Hyderabad. When he applied for permission, he was directed to produce Feasibility Certificate, Land Use Certificate from the HUDA and No Objection Certificate from the Collector on 03.11.2008. It is not in dispute before this Court that the law insofar as the Corporation insisting the owner to produce No Objection Certificate from the Collector has been settled by this Court in the decision reported in Hyderabad Potteries Private Limited V. Collector, Hyderabad District and another (1 supra). Therefore, the respondents cannot direct the petitioner to produce No Objection Certificate from the Collector. However, the petitioner has to submit the Feasibility Certificate, Land Use Certificate from the HUDA and also prima facie title in respect of the property in question and such other documents, which are necessary for the purpose of sanctioning the building plan in accordance with the rules. The petitioner is at liberty to resubmit the application along with the relevant documents except ‘No Objection Certificate’. 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 01st December, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.8339 OF 2010 Date:01.12.2011 AMD 1. 2001(3) ALT 200