THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.30760 OF 2011 ORDER: 1. This Writ Petition is filed aggrieved by the action of the respondent in not regularizing the construction of the houses bearing flat Nos.602 and 601, LB Towers, Maharanipet, Visakhapatnam, belonging to the petitioners respectively even though the petitioners submitted No Objection Certificates (NOC) from the Aviation Department and Electricity Department, as per the advice of the respondents through final endorsement dated 12.05.2010, as illegal and arbitrary. 2. The brief facts, which are necessary for disposal of this Writ Petition, are that the petitioners are the absolute owners and in possession of their respective properties. They have applied for regularization under Building Penalization Scheme (BPS) and the respondents advised them to submit NOC from Air Port Authority and though the petitioners submitted the NOCs from the departments concerned, as advised by the respondent-authorities, they are not considering the applications of the petitioners for regularization of their constructions under BPS. 3. Learned counsel for the petitioners contended that on the ground that the petitioners did not produce NOC from the Fire Department and the Air Port Authority, as required under law under BPS regularization of their constructions was not returned and that later, the petitioners obtained the necessary certificates from the authorities and produced the same and therefore, he prays for a direction to the respondents to consider the petitioners’ application for regularization of their constructions under BPS. 4. Sri N.Ranga Reddy, learned Standing Counsel for the first respondent- Corporation, contended that since the petitioners failed to produce the NOCs from the Fire Department and Air Port Authority, their BPS applications were rightly returned and there are no grounds to interfere with the same. 5. The petitioners stated to have applied for BPS so as to regularize certain deviations made in the construction of building. That application was returned for filing the NOC from the Fire Department and Air Port Authority, as per the conditions laid down under G.O.Rt.No.901 MA&UD(M1) Department dated 31.12.2007. Similarly, the petitioners have not sought for extension of time for submission of the required documents. Later, the petitioners seem to have obtained the necessary certificates and hence, this case has to be reconsidered in terms of G.O.Ms.No.901 dated 31.12.2007. 6. In view of the above, the Writ Petition is disposed of directing the respondents to consider the application under BPS of the building of the petitioners in accordance with law. No costs. _____________ (K.C.BHANU, J) 22nd November 2011 RRB