IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12092 of 2009 Between: 1 A. Rama Devi W/o. A.Srinivas 1-1-404/A/1 Gandhinagar Hyderabad 2 Lageshetty Rajeshwari W/o.Yadaiah 1-1-404/A/1 Gandhinagar Hyderabad 3 A.Nagamani W/o Late Venkatesh 1-1-404/A/1 Gandhinagar Hyderabad 4 A.Ravi Kumar S/o. Venkatesh 1-1-404/A/1 Gandhinagar Hyderabad 5 K.Yesu babu S/o. K.Narsimha 1-1-404/A/2 Gandhinagar Hyderabad ..... PETITIONERS AND 1 Greater Hyderabad Municipal Corporation Rep.by its Commissioner,Tank Bund Road, Hyderabad 2 The Chief City Planner, Greater Hyderabad Municipal Corporation, Tankbund Road Hyderabad 3 Assistant City Planner Circle IX Hyderabad 4 The District Collector Hyderabad District ....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 writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 1st respondent in not receiving and considering the petitioner application for grant of permission for building construction with regard to their property admeasuring 351 square yards situated at 1-1-404/A/1 &I-1- 404/A/2 Gandhinagar Hyderabad thereby insisting on "No objection Certificate” from the 4th respondent as illegal arbitrary unconstitutional and contrary to law apart from being in violation of the provisions contemplated under the Hyderabad Municipal Corporation Act 1955 and consequently direct the 1st respondent to receive and consider the petitioners application for the construction in property admeasuring 351 sq.yds situated at 1-1-404/A/1&1-1-404/A/2 Gandhinagar, Hyderabad without insisting on No objection Certificate from the 4th respondent and issue sanction for the construction of the building in the said property and pass such other order or orders as the Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.V.M.M.CHARY Counsel for the Respondents.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following: ORDER: This writ petition is filed seeking a declaration that the action of the respondents in not receiving and considering the petitioners’ application for grant of permission for building construction with regard to their property admeasuring 351 square yards situated at 1-1-404/A/1 and 1-1-404/A/2, Gandhinagar, Hyderabad, and insisting on production of `No objection Certificate (NOC)’ from the 4th respondent District Collector, as arbitrary and illegal. 2. I have heard the learned counsel for both the parties and perused the material on record. 3. The law is well-settled that there is no enough power vested in the Commissioner under Sections 428, 429, 431 and 434 of the Hyderabad Municipal Corporation 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 petitioners over the land on which the building is sought to be erected. There is also 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. 4. In the light of the settled legal position stated 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 petitioners for grant of building permission and process the same, in accordance with law without insisting upon production of 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 a copy of this order. 5. The writ petition is disposed of accordingly. No costs. _____________ G.ROHINI, J Dt.23-06-2009 RAR THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12092 of 2009 DATED : 23-06-2009