IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3295 of 2009 Between: 1 G.Jagadeeshwar S/o.Late Sathaiah R/o.H.No.1-6-262, Jamisthanpur, Musheerabad, Hyderabad. 2 G.Shanker S/o.Late Sathaiah R/o.H.No.1-6-250, Jamisthanpur, Musheerabad, Hyderabad. ..... PETITIONER(S) AND 1 The Special Officer/Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad. 2 The Chief City Planner, Greater Hyderabad Municipal Corporation, Tank Bund Road, 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, order or direction more particularly one in the nature of Writ of Mandamus directing the resposndens 1 and 2 forthwith to consider the application of the petitioners for grant of permission for construction of Stilt for parking and 5 upper portions for residential purpose within the compound wall bearing Municipal No. 1-6-261/A/4, Dayara Jamisthanpur, Musheerabad, Hyderabad without insisting NOC from the District Collector, Hyderabad and TSLR, subject to the compliance of the other provisions of the GHMC Act. Counsel for the Petitioner:MR.C.R.PRATAP REDDY Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : O R D E R:- The petitioners claim to be owners of house bearing No.1-6-261/A/4 which is part of an extent of 1678 Sq. yards of land, situated at Dayara Jamisthanpur, Musheerabad, Hyderabad having acquired the same under registered partition deed dated 15.11.2008. They petitioners’ state that they were declared as non-surplus land holders under the provisions of Urban Land Ceiling Act vide Proceedings dated 28.4.1993 issued by the 1st respondent-Special Officer and Competent Authority and they have been paying property tax and non- agricultural taxes also for the last 40 years. While so, the petitioners submitted a Building Application Form to the respondents under Sections 428 and 433 of Greater Hyderabad Municipal Corporation Act, seeking permission for construction of Stilt for parking and 5 upper portions for residential purpose within the compound wall, but it is their grievance that the respondents rejected their application on 6.2.2009 for want of “No Objection Certificate” from the District Collector and TSLR from Mandal Revenue Officer, Hyderabad. Hence, this writ petition is filed seeking a direction to the respondents to consider the petitioners’ application without insisting them on producing “No Objection Certificate” from the District Collector, Hyderabad and the Town Survey Land Record. This Court allowed similar writ petitions, one such being W.P. No.25727 of 2000, reported in Hyderabad Potteries Private Limited Vs. Collector, Hyderabad District and Another[1], wherein it is held as follows: “For all the aforesaid reasons, the impugned order is set aside. The Commissioner is accordingly directed to forthwith consider the application of the petitioner for grant of permission for construction of stilt for parking + 5 upper floors for residential apartments consisting of blocks A to D at premises No.1-1-365/A, situated at Bakaram, Hyderabad, by duly taking into consideration the documents filed by the petitioner along with the application including the permission already granted by the Corporation to the petitioner for the construction of a multi-storeyed building in a portion of the very land and the Certificate issued by the Mandal Revenue Officer, Musheerabad Mandal certifying the land in question to be a private land. The Commissioner shall not reject the application of the petitioner solely on the basis of an objection purported to have been raised by the Joint Collector. The objection, if any, raised by the Joint Collector may also be taken into consideration along with the other relevant material available on record. The Commissioner shall not reject the application of the petitioner for grant of permission solely on the basis of an entry stated to have been made in T.S.L.R. An appropriate decision in this regard shall be taken by the Commissioner within four weeks from the date of receipt of a cop of this order. The writ petition is accordingly allowed with costs.” Inasmuch as the relief sought for, by the petitioners, in the present writ petition is similar to the relief granted by this Court in the above case, following the said judgment and for the reasons mentioned therein, this writ petition is also allowed, and the 1st respondent-Special Officer/Commissioner is directed to consider the petitioners’ application said to have been made by them, without insisting them on producing “No Objection Certificate” from the District Collector, Hyderabad and the Town Survey Land Record (T.S.L.R.), if the application is in accordance with the provisions of the Hyderabad Municipal Corporation Act and Rules made thereunder, and pass appropriate orders thereon, in accordance with law. No costs. ______________ N.V.RAMANA, J 19h February, 2009 bcj [1] 2001(3) ALD 600