IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17339 of 2008 Between: J.B.Purna, W/o. Sri J.Subbaiah, R/o. 8-3-229/4/1, Yousufguda, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Represented by its Commissioner, Tankbund, Hyderabad. 2 The Assistnt City Planner, Circle V, Greater Hyderabd Municipal Corporation, Circle office at Khairatabad, Hyderabad. .....RESPONDENT(S) 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 respondents in not receiving the application for building permission in respect of the house property of the petitioner house bearing No.8-3-229/4/1 Yousufguda, Hyderabad, admeasuring 300 Sq yds., forming part of Sy.No.403//5 of shaikpet (Yousufguda) Situated at Yousufguda Police Lines, Ward No.8, Hyderabad by insisting upon to produce the No Objection certiﬁcate issued by the District Collector/Joint Collector as illegal arbitrary, without jurisdiction and in violation of ARticle 14 of the Constitution of INdia and also against the provisions of the Hyderabad Municipal Corporation Act, 1955, and consequently direct the respondents to receive the application for building permission without insisting No. objection Certiﬁicate from the District Collector/Joint Collector and grant building permission to the petitioner and pass Counsel for the Petitioner:SMT.G.JYOTHI KIRAN Counsel for the Respondent No.: (SC FOR MCH CIRCLES 3&5)KALPANA EKBOTE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 17339 OF 2008 ORDER: This writ petition has been ﬁled by J.B.Purna assailing the action of the respondents in insisting the production of ‘NOC’ from the District Collector/Joint Collector for entertaining the building permission application in respect of the premises bearing No. 8-3-229/4/1, Yousufguda, Hyderabad admeasuring 300 square yards. 2. The petitioner is owner and possessor of the premises bearing NO. 8-3-229/4/2, Yousufguda, Hyderabad admeasuring 300 square yards having purchased it under a registered sale deed dated 5-5-1981 from Women Co-operative Housing Society Ltd. In the year 1984 the District Collector, Hyderabad issued proceedings under suo moto action purporting to be under Section 166-B of the Land Revenue Act on the ground that the entire land purchased by Woman Co-operative Society is an assigned land. The said proceedings were challenged in the writ petition being W.P.No. 6120 of 1986 and ultimately proceedings came to be quashed and the matter came to be remanded for enquiry afresh after putting on notice to the eﬀected parties. Aggrieved by the order passed in W.P.No. 6120 of 1986, a writ appeal being WA.No. 948 of 1989 and batch came to be ﬁled by the Co-operative Society as well as some of the members of the Society. The said Writ Appeals were allowed on 28-9-1995. The Government carried the matter in appeal to the Supreme Court and ultimately the Supreme Court remanded the matter to the High Court for fresh consideration. On remand the Writ Appeal ended in dismissal. Thereupon, the Government once again ﬁled SLP No.11656 of 1995 which ended in dismissal. 3. The petitioner submitted application for construction of the house. The respondents refused to entertain the application on the ground that No Objection Certiﬁcate (NOC) obtained from the Joint Collector, Hyderabad, had not been enclosed to the building permission application. Hence, this writ petition. 4. When the writ petition came up for admission learned standing counsel of Greater Hyderabad Municipal Corporation received notice on behalf of the respondents. 5. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondents. 6. Under the provisions of Hyderabad Municipal Corporation Act, 1955, ( for short ‘the Act’) and Building Bye-laws, 1981, there is no provisions for demanding the petitioner to obtain NOC from the District Collector for grant of building permission. The issue is no more res integra in view of the decisions of this Court in Hyderabad Potteries Pvt. Ltd. Vs. Collector, Hyderabad District[1] wherein it has been held that the Corporation cannot insist for production of NOC from the Collector to entertain a building permission application. 7. In view of the settled proposition of law, the writ petition is disposed of directing the respondents to consider the application of the petitioner for building permission without insisting for ‘NOC’, subject to compliance of the other provisions of the Hyderabad Municipal Corporation Act and Rules framed thereunder. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 8th August, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 17339 OF 2008 8th August, 2008. [1] 2001(3) ALD Page 600