HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.1073 of 2010 Dated: 27-01-2010 Between: Syed Mehmood Khalil Hussaini. … Petitioner And Greater Hyderabad Municipal Corporation, rep. by its Chief Commissioner & another. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.1073 of 2010 ORDER: Heard learned counsel for petitioner and also the learned Standing Counsel appearing for respondents. 2. In this writ petition, the petitioner seeks directions by way of Mandamus, directing the respondents to receive and process the application of petitioner for grant of building permission in Premises No.8-2-321, situated at Banjara Hills, Hyderabad, without insisting for Town Survey Land Registration Certificate (TSLR) and ‘No objection Certificate’ from the Governmental authorities. 3. It is the case of the petitioner that he is the owner and possessor of land to an extent of 200 square yards in the premises bearing No.8-2-321, situated at Banjara Hills, Hyderabad. It is stated that the said property is purchased from its previous owner by way of a registered sale deed, dated 24th December 1997, who earlier, purchased the same from his predecessor in title by way of a sale deed, dated 02.12.1985. In this writ petition, it is the grievance of the petitioner that though he is having valid title and possession with regard to the property in question, when he approached the respondents with an application for building permission along with approved plan, the respondents are not granting permission on the ground that the same is not accompanied by the TSLR Certificate and also ‘No objection Certificate’ from the Governmental authorities. 4. As of now, there is no proof of filing any application by the petitioner, for building permission, but however, for grant of building permission, whether filing of TSLR Certificate and ‘No objection Certificate’ is necessary or not, is a matter, which is already considered by this Court in the case of Hyderabad Potteries Private Limited V. Collector, Hyderabad District[1], wherein, it was held that the application for grant of construction permission cannot be refused merely basing on the entries made in TSLR. It was further observed that when an application for construction is made, it is for the respondent-authority to consider it independently, having regard to the documentary evidence produced by the petitioner for grant of permission, and there is no requirement for production of ‘No objection Certificate’ either under the provisions of the Hyderabad Municipal Corporation Act, or the bye-laws made thereunder. 5. In that view of the matter, I deem it appropriate to dispose of the writ petition, permitting the petitioner to file the application for grant of building permission by complying with all the necessary requirements as per the building bye-laws and provisions of the Greater Hyderabad Municipal Corporation Act. If such an application is filed, the respondent-authorities shall consider the same on its own merits, based on the material produced by the petitioner with regard to his title and possession, but without insisting for production of either TSLR Certificate or ‘No objection Certificate’ from the Government and Governmental authorities. 6. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 27th January 2010 ajr [1] 2001 (3) ALD 600