HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.29291 of 2009 Dated: 18-01-2010 Between: Kodiganti Ramadevi. … Petitioner And The Commissioner & Special Officer, Town Planning, Greater Hyderabad Municipal Corporation & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.29291 of 2009 ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus, directing respondents 1 and 2 to consider her application for grant of building permission in the premises bearing Municipal No.6-3-584/32/20/A, admeasuring 52 square yards, situated at Khairatabad, Hyderabad, without insisting for ‘No objection Certificate’ from the 3rd respondent-District Collector. 2. It is the grievance of the petitioner that though she has already submitted an application for building permission by complying with the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 and the bye-laws made thereunder, the respondents are not considering her application on the ground that she has not obtained ‘No objection Certificate’ from the District Collector. 3. For grant of permission for construction under the Greater Hyderabad Municipal Corporation Act, whether ‘No objection Certificate’ from the District Collector is necessary or not, is considered by this Court in the case o f Hyderabad Potteries Private Limited Vs. collector, Hyderabad District[1] and in District Collector Vs. N.Krishna Mohan[2], wherein, it was held that when an application is filed for building permission, it is for the Municipal authorities to consider such application on merits, basing on the material produced by the petitioner, but merely on the ground that the applicant has not filed the ‘No objection Certificate’ from the District Collector, such application cannot be rejected. 4. Though no counter affidavit is filed, on instructions, it is submitted by the learned Standing counsel appearing for the respondents that the petitioner has not at all filed any application for grant of building permission. 5. As much as obtaining of ‘No objection Certificate’ from the District Collector is not a condition precedent for grant of building permission under the Greater Hyderabad Municipal Corporation Act, I dispose of this writ petition, permitting the petitioner to submit an application for building permission, by complying with all the requirements of the Hyderabad Municipal Corporation Act, 1955 and the bye-laws made therein. If any such application is filed, the respondents shall consider the same on its own merits, based on the material placed by the petitioner, but without insisting for ‘No objection Certificate’ from the District Collector. 6. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 18th January 2010 N.B: Furnish C.C. in two days. (b/o) ajr [1] 2001 (3) ALT 200 [2] 2000 (3) ALT 225