IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 10345 of 2008 Between: 1 Pradeep Kumar Agarwal S/o.late Omprakash Agarwal R/o.H.No.11-6-652, Red Hills Nampally Hyd 2 Harish Raney S/oLate H.T Raney R/o.H.No.11-6-465 Red Hills Nampally Hyd ..... PETITIONERS AND 1 G.H.M.C rep.by its Commissioner Of Hyd 2 The Chief City Planner Municipal Corporation of Hyd Tank Bund Road Hyd 3 The Dist Collector Hyd Dist .....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, order or direction, one more particularly in the nature of a writ of " Mandamus " declaring the action of the 1st respondent in not receiving and considering the application of the petitioners for construction of building in respect of the petitioners' property admeasuring 1658 Sq.yds in Sy.No. 129/40, situated at Shaikpet Village and Mandal, Road No. 13, Banjara Hills, Hyderabad thereby insisting on the production of the 'no objection certificate' from the 3rd respondent as being illegal, arbitrary unconstitutional and contrary to law declared by this Hon'ble Court and consequently direct the 1st respondent to receive and consider the petitioner’s application for construction in the said property without insisting on a no objection certificate from the 3rd respondent and issue sanction for the construction of the buildings in the said premises. Counsel for the Petitioner : Sri V.Ramakrishna Reddy Counsel for Respondent No.1 : Ms. Kalpana Ekbote Counsel for respondent No.2 : GP for Revenue The Court made the following O R D E R: Heard learned counsel for the petitioners, Ms. Kalpana Ekbote, learned Standing Counsel for the respondent – Greater Hyderabad Municipal Corporation and learned Government Pleader for Revenue on behalf of the District Collector, Hyderabad. The petitioners submit that they had acquired title over land of an extent of 1658 square yards situated in Survey No. 129/40, Shaikpet Village and Mandal, Road No.13, Banjara Hills, Hyderabad under registered agreement of sale-cum-General Power of Attorney, dated 27th October 2005. It is the assertion of the petitioners that their vendor had purchased the said property through a registered instrument of sale bearing No. 433 of 1965, executed on 2nd March 1965 and that for over 40 years, the land is owned, held and possessed by the citizens and not by the Government and that the Municipal Corporation has unauthorizedly been declining to entertain the application submitted for the purpose of construction of a building thereon and is insisting for production of the ‘No Objection Certificate’ from the District Collector, Hyderabad District/Revenue Divisional Officer, Hyderabad. The learned Standing Counsel has pointed out that there are enough powers under Sections 429, 431, 436 of the Hyderabad Municipal Corporations Act, 1955 which can compel the applicant to make available the information, for the purpose of scrutiny of the Commissioner, with regard to his/her title and interest over the land so claimed and, therefore, the Corporation is not insisting upon production of the ‘No Objection Certificate’ from the revenue establishment of the State Government. The learned Standing Counsel has also pointed out that the State Government is always free to protect its own property by taking recourse to law. Hence, the application submitted by the petitioners seeking permission for construction of a building on the aforementioned site should be entertained, processed and considered in accordance with law, subject to their complying with such conditions as are imposed. While according the building permission, appropriate orders are liable to be passed by the Greater Hyderabad Municipal Corporation, which it would do within a maximum period of two months from the date on which the application is so received by it. With this, the writ petition stands disposed of, but however, without costs. -------------------------------------- (NOOTY RAMAMOHANA RAO,J) 2nd May 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}