IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THIS THE 3rd DAY OF DECEMBER, 2009 W.P.No.11175 of 2009 Between: M/s. Property Associationof Baptist Churches Pvt. Ltd., regd. Company, rep. by its Executive Director, Poster GDD Diwakar ….PETITIONER(S) and The Joint Collector, Hyderabad District, Office of Collector, Nampally Station Road, Hyderabad and others. …RESPONDENT(S) THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.11175 of 2009 ORDER: The petitioner is Property Association of Baptist Churches Private Limited. It acquired the right over an item of immovable property namely Bungalow No.51, Old Lancers Lines, Secunderabad, under a registered sale deed more than a century ago i.e., in 1885. As of now, it is in the residential area. With a view to put that land to some other use, it submitted an application to respondents 2 and 3 under the provisions of the A.P. Urban Areas (Development) Act, 1975, and Hyderabad Municipal Corporation Act, 1955, respectively. Complaining that the respondents 2 and 3 are insisting upon submission of No Objection Certificate from revenue authorities, the petitioner has approached this Court. The 2nd respondent filed a counter affidavit stating inter alia that the Government issued G.O.Ms.No.28 Municipal Administration dated 12.01.2005 directing that whenever an application for change of land use is submitted in respect of religious properties, the respondents 2 and 3 must insist on submission of No Objection Certificate from revenue authorities. Heard the learned counsel for the petitioner, the learned Government Pleader for Revenue appearing for the 1st respondent, the learned Standing counsel appearing for the 2nd respondent and the learned Standing counsel appearing for the 3rd respondent. The controversy in the writ petition is in a very narrow compass. The petitioner initiated steps for change of land use in respect of an item of property owned by it. The authority competent to change the land use is the Government. However, the application has to be forwarded by the Urban Development Authority. The Municipal Corporation is the authority to accord permission depending upon the change of land use. It is no doubt true that the Government issued G.O.Ms.No.28 Municipal Administration dated 12.01.2005 directing that whenever an application for change of land use in respect of religious property is made, not only the No Objection Certificate from revenue authorities, but also the approval of the Minority Department shall be necessary, in case the property is held by a minority religious institution. This is not a case where a third party is seeking the change of land use in respect of a property owned by a religious institution. The petitioner itself is a minority religious institution and the application is in respect of the land owned by it. The G.O. is intended to protect the interests of the religious institutions from the illegal activities of third parties or unauthorized persons. Therefore, the G.O. has no application to the facts of the case. Further, in HYDERABAD POTTERIES PRIVATE LIMITED vs. COLLECTOR, HYDERABAD, this Court held that the municipal authorities cannot insist on furnishing of No Objection Certificate from revenue authorities. The writ petition is, accordingly, allowed. The 2nd respondent is directed to process the application of the petitioner for change of land use and forward the same to the Government with its comments. The 3rd respondent shall take necessary steps depending on the outcome of the application for change of land use. There shall be no order as to costs. __________________________ L.NARASIMHA REDDY, J 3rd December 2009 CVRK