THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.NO.2927 OF 2007 Dt: 10-02-2011 Between: Mrs. Sumathi Patterson & others. …..Petitioners And The Municipal Corporation of Hyderabad, Tankbund Road, Hyderabad & others. …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.2927 of 2007 ORDER The petitioners submitted application to the Municipal Corporation of Hyderabad, seeking permission to construct residential building upon premises bearing No.3-5-12/4/E, Eden Bagh, Ramkote, Hyderabad. Initially, the application was returned with an endorsement dated 15/16-12-2006, on the ground that the application submitted by the petitioners for grant of No Objection Certificate was rejected by Joint Collector. Another ground was that the Joint Collector expressed the view that the land is categorised as G.V.M. according to the Town Surveyor, Land Records, as per T.L.S.R. This writ petition is filed challenging the same. While admitting the writ petition, this Court passed interim order dated 19.2.2007 in W.P.M.P.No.3751 of 2007. It was mentioned that the insistence on production of No Objection Certificate by the Corporation is contrary to the Judgment of this Court in HYDERABAD POTTERIES PRIVATE LIMITED Vs. COLLECTOR, HYDERABAD[1]. This Court took note of the submission made by the Standing Counsel for the first respondent that the impugned endorsement may be withdrawn and appropriate orders may be passed in conformity with the provisions of law. It is brought to the notice of this Court that on 19.6.2007, the respondents passed another order returning the application on the ground that the land is mentioned as G.V.M. in the T.S.L.R. Challenging the same, the petitioner filed W.P.M.P.No.25327 of 2007. Heard learned counsel for the petitioners and the Government Pleader for Municipal Administration for the respondents. The respondents refused to process the application of the petitioners by raising two grounds. The first is that the Joint Collector refused to issue No Objection Certificate and second is that the classification of the land, as per T.S.L.R. is G.V.M. So far as the first aspect is concerned, the matter is covered by the Judgment of this Court in HYDERABAD POTTERIES PRIVATE LIMITED’s case (supra). Coming to the second aspect, identical issue has arisen for consideration before this Court in W.A.No.1096 of 2001, dated 24.12.2001. This Court took the view that the entries in T.S.L.R. do not have any bearing upon the right of the owners of the property to make construction. The view expressed by the learned single Judge that reference to entries made in T.S.L.R. is unwarranted and illegal, was upheld by the Division Bench. Hence, the writ petition is allowed and the impugned proceedings dated 15/16-12-2006 and 19-6-2007 are set aside. The respondents are directed to process the application of the petitioners and pass appropriate orders without reference to the grounds mentioned therein within a period of two months from the date of receipt of a copy of the order. There shall be no order as to costs. ________________________________ JUSTICE L.NARASIMHA REDDY Dt: 10.02.2011 Tjmr THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.NO. 2927 OF 2007 DATE: 10.02.2011 [1] 2001(3) ALD 600