THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP No. 4322 of 2008 ORAL ORDER : This writ petition has been instituted seeking directions to the respondent Corporation to entertain the application submitted by the petitioner seeking permission for construction of a building on a plot of land owned by him situated at MLA Colony, Road No. 12, Banjara Hills. The grievance of the petitioner is that the Municipal Corporation is insisting upon production of “NO OBJECTION CERTIFICATE” from the revenue authorities before entertaining the application seeking permission to erect a building on the land. Heard Smt. K.N.Vijayalakshmi, learned counsel for the writ petitioner and Smt.Kalpana Ekbote, learned Standing Counsel for the respondents. While entertaining applications proposing to construct buildings, the Municipal Corporation is required to be put on notice under Section 428 of the Hyderabad Municipal Corporations Act, 1955 by every such person who intends to erect a building. In terms of Section 429(1)(aa), the Commissioner of the Corporation may require such a person who has given notice of his intention to erect a building under Section 428 to provide a copy of the title deed of the land together with urban land ceiling clearance certificate thereof. That was to ensure that the Commissioner of the Corporation gets satisfied that the proposed building is sought to be constructed on a land the title of which is free from any dispute or disguise. In fact additional information can also be obtained by the Commissioner apart from requiring the person seeking permission to construct to open the site for inspection. Thus, there are adequate powers provided for in Sections 428, 429, 431 and 434 to deal with the title of the land, over which building permission is sought for by the applicant. In these set of circumstances, question of obtaining “NO OBJECTION CERTIFICATE” from the revenue establishment of the State Government appropriately clearing it does not arise at all. Hence, this Court had already held the insistence of “NO OBJECTION CERTIFICATE” for entertaining an application for erection of a building rendered under Section 428 as an uncalled for exercise. In this view of the matter, the application submitted by I the writ petitioner for erection of a building be entertained by the Municipal Corporation and it is always open for the Corporation and its Commissioner to seek such information or additional information as is necessary and relevant for the purposes of being satisfied about the right, title and possession of the applicant over the entire extent of land in question. If the Corporation and any of its agencies which have been vested with the power to sanction the building permission are satisfied about the right and title of the applicant over the piece of land over which constructions are sought to be made, then the building permission can be accorded. Therefore, I direct the corporation to entertain the application of the writ petitioner seeking permission to erect building in the land in question without insisting for the “NO OBJECTION CERTIFICATE” from the revenue establishment of the State Government and appropriate orders be passed thereon in accordance with law. With this, the writ petition stands disposed of. No costs. -------------------------------- Nooty Ramamohana Rao, J 27th March 2008 knk