IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 8413 of 2008 Between: Baddula Jagadish Yadav S/o. Satyanarayana YAdav R/o. H.No. 2-4-915, Nimboliadda, Kachiguda, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Tank Bund, Hyd. 2 Asst. City Planner, Circle-9, ( Old Circle -3 ), Municipal Corporation of Hyderabad, Hyd. .....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 an appropriate writ more particularly one in the nature of writ of mandamus declaring the action of the respondents in insisting to produce No objection Certificate and TSLR certificate for receiving and consideration of application for building permission of Construction of building in Pr.No. 2- 3-720/1C/1/C& 2-3-720/1/2/A, Govindnagar, Amberpet, Hyderabad, as illegal, arbitrary and violative of Principles of Natural justice and consequently direct the respondents to receive and consider the application for building permission without insisting No objecting Certificate and TSRL Certificate and to pass Counsel for the Petitioner : Mr.Sreenivasa Rao Velivela Counsel for the Respondents : Smt. Kalpana Ekbote The Court made the following O R D E R: The petitioner asserts that he has submitted an application seeking permission for erection of a building in a residential locality, but however, the respondent-Municipal Corporation is insisting upon him to produce ‘No Objection Certificate’ from the revenue administration and the Town Survey Land Records Department. It is repeatedly held by this Court that though there is enough power vested in the Commissioner under Sections 428, 429, 431, 434 of the Hyderabad Municipal Corporations Act, 1955 to call for such necessary particulars and information, as is considered appropriate to satisfy himself about the title, right and interest of the petitioner over the land on which the building is sought to be erected, there is no provision in the Act to insist upon the applicants to submit ‘No Objection Certificate’ either from the revenue establishment of the State Government or from the Town Survey Land Records Department. In this view of the matter, the respondent – Corporation is directed to receive the application submitted by the petitioner seeking permission for construction of a building and process the same strictly in accordance with law without insisting upon him to produce ‘No Objection Certificate’ either from the revenue administration or from the Town Survey Land Records Department. The application be decided independently on its merits. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 17th April 2008 ksld