IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14095 of 2009 Between: Smt.G.Subba Lakshmi W/o.G.Sayiramam R/o.H.No.12-11-1277, Boudhanagar, Warasiguda Hyderabad .... PETITIONER AND 1 The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad 2 The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Secunderabad Division, Secunderabad ....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 a writ of mandamus or any other appropriate writ order or direction: a. By declaring the action of the respondents in not accepting the application for the construction of building in respect of the petitioner house bearing No.12-11-1277 admeasuring 372.5 sq.yards situated at Boudha nagar, Warasiguda, Secunderabad without the NOC from the collector as ilegal, arbitrary, improper and unconstitutional b. To direct the respondent to forthwith receive petitioner application for construction of building under section 428 of HMC Act, forthwith without insisting for NOC of Collector and c) To pass such other order or orders which this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.WASIM AHMED KHAN Counsel for the Respondents: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following: THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14095 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the respondents in insisting on production of ‘No Objection Certificate’ (NOC) from the Revenue authorities for receiving and entertaining the petitioner’s application for construction of a building at premises bearing H.No.12-11-1277, Boudhanagar, Warasiguda, Secunderabad, as arbitrary and illegal. I have heard the learned counsel for both the parties and perused the material on record. The law is well-settled that though there is enough power vested in the Commissioner under Sections 428, 429, 431 and 434 of the Hyderabad Municipal Corporations 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 petitioner over the land on which the building is sought to be erected, there is 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. In the light of the settled legal position noticed 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 petitioner for grant of building permission and process the same in accordance with law without insisting upon production of `No Objection Certificate’ (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 this order. The Writ Petition is accordingly disposed of. No costs. _____________ G. ROHINI, J Dt. 15th July 2009 Note:- Issue CC in 3 days (B/o) RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14095 of 2009 DATED : 15-07-2009