IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17386 of 2008 Between: Sadiaunnissa Begum D/o. Bahboob Ali Khan R/o. 1-8-308/5, Begumpet, hyderabad ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad, rep. by its Commissioner. 2 The District Collector, Hyderabad District at Hyderabad. .....RESPONDENTS 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 of Mandamus or any other appropriate writ or writs, order or direction declaring the action of the first respondent in not receiving the application of petitioner for grant of permission for making construction of multi storied complex in the premises bearing No. 1-8-308/5, Begumpet, Hyderabad, as illegal, and arbitrary and to consequently direct the first respondent to receive the said application from petitioner and consider the same for grant of construction permission in accordance with the provisions of H.M.C., Act and Building Byelaws, 1981 and Rules made thereunder; award costs. Counsel for the Petitioner: MR.K.RAGHUVEER REDDY Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : ORDER This writ petition has been filed by Sadianniussa Begum assailing the action of the respondents in not entertaining the building permission application on the ground of producing ‘No Objection Certificate’ from the District Collector. The petitioner is owner and possessor of the premises bearing house No.1-8- 308/5, situated at Begumpet, Hyderabad. The petitioner got the premises under a oral gift from his father on 24.9.1975. This gift deed became the subject matter of the suit in O.S.No.289 of 1993. The gift deed came to be upheld by the Civil Court i.e., I Additional District Judge by judgment dated 18.11.1993. She presented an application to the Greater Hyderabad Municipal Corporation, Hyderabad seeking permission for construction of a multistoried building on the premises. Her application is not entertained on the ground of non-production of ‘No Objection Certificate’ from the District Collector, Hyderabad. When the writ petition came up for admission, Smt Kalpana Ekbote learned Standing counsel for the Greater Hyderabad Municipal Corporation received notice on behalf of the 1st respondent. Learned Government Pleader for Revenue received notice on behalf of the 2nd respondent. The issue with regard to furnishing of ‘No Objection Certificate’ for entertaining the building permission application is no more res integra since it is settled by this Court in Hyderabad Potteris Private Limited vs District Collector,Hyderabad and District Collector vs. N.Krishna Mohan wherein it has been held that building permission cannot be rejected on the ground of non enclosure of No Objection Certificate. Appeal against order in writ petition upholding the case of the writ petitioners (respondents herein)-Order in the writ petition quashing the order of the District Collector refusing to grant a No Objection Certificate in respect of the site. In view of the settled proposition of law, the action of the 1st respondent in insisting for production of ‘No Objection Certificate’ in entertaining the building permission application cannot be sustained. Accordingly, the writ petition is disposed of directing the 1st respondent to entertain the building permission application of the petitioner without insisting the ‘No Objection Certificate’ subject to fulfilling of other provisions of Hyderabad Municipal Corporation Act and bye-laws. No costs. __________ 11-08-2008 rkk