HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.10128 of 2010 29th April 2010 Between: A.Subhas Reddy … PETITIONER(S) and The Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad, rep. by its Commissioner and another … RESPONDENT(S) HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.10128 of 2010 ORDER: Heard Sri N.Venkateswara Rao, learned counsel for the petitioner and Sri R.Ramachandra Reddy, learned Standing Counsel for the Greater Hyderabad Municipal Corporation. At their request the Writ Petition is being disposed of at the stage of admission. The petitioner claims to be the owner and to be in possession of the property in house bearing no.3-4-971 (Old No.A-4-971), situated at Satya Nagar, Barkatpura, Hyderabad. He claims to have submitted an application dated 12.04.2010 to the respondent-Corporation seeking permission to construct a building after demolishing the existing structure. The said application, according to the petitioner, was refused to be accepted by the respondent-Corporation on the ground that a No Objection Certificate from the Joint Collector, Hyderabad was not enclosed thereto. The petitioner would contend that such a condition, for production of the No Objection Certificate, is contrary to the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 and the Rules and the byelaws made thereunder. Both counsel would agree that the subject matter of this Writ Petition is covered by the judgments of this Court in HYDERABAD POTTERIES PRIVATE LIMITED vs. COLLECTOR, HYDERABAD DISTRICT AND ANOTHER[1] wherein it was held that the local authorities could not insist on production of a No Objection Certificate from the revenue authorities for considering the application seeking permission to construct a building; and on Dr. G.ANAND KUMAR REDDY AND ANOTHER vs. MUNICIPAL CORPORATION OF HYDERABAD wherein it was held that the Corporation was not entitled to refuse to receive the application merely on ground that a No Objection Certificate from the Joint Collector, Hyderabad, had not been enclosed thereto. Following the said judgments, this Writ Petition is also disposed of directing the respondents to receive and process the application of the petitioner without insisting upon his furnishing a No Objection Certificate from the Joint Collector, Hyderabad. The respondents shall, however, ensure that the provisions of the Greater Hyderabad Municipal Corporation Act, 1955, the Rules and Regulations, and the Building Byelaws made thereunder, and any other applicable statutory provisions, are adhered to in considering the petitioner’s application for grant of building permission. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN,J 29th April 2010 CVRK [1] 2001 (3) ALD 600