IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11741 of 2009 Between: Syeda Saleha Fatima W/o. Rafi Ahmed R/o. H.No. 18-2-624, Jangammet, Falaknuma, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation Rep. by its Chief Commissioner, Tank Bund, Hyderabad. 2 Asst. City Planner, Circle-4, Municipal Corporation of Hyderabad, Hyderabad. ..RESPONDENT(S) 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 refusing to receive and process petitioner application for building permission for construction of building in premises No.18-2-594/1 to 8, Jangammet, Near Risala Play Groud, Hyderabad, as it is not accompanied with TSLR Certificate and No Objection Certificate, as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to receive and process the application for building permission without insisting for TSLR Certificate and No Objection Certificate and to pass Counsel for the Petitioner:MR.SREENIVASA RAO VELIVELA Counsel for the Respondent No.: R.RADHA KRISHNA REDDY(SC FOR GHMC,SNCZONE) The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11741 of 2009 ORDER : This writ petition is filed seeking a declaration that the action of the respondents in insisting on production of No Objection Certificate (NOC) from the Revenue authorities as well as the Department of Town Survey and Land Records for receiving and entertaining the petitioner’s application for construction of a building at premises bearing No.18-2-594/1, known as Jangammet, Near Risala Play Ground, Hyderabad, as arbitrary and illegal. I have heard the learned counsel for both the parties and perused the material on record. The law is well-settled that there is no enough power vested in the Commissioner under Sections 428, 429, 431 and 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 and Land Records Department. In the light of the settled legal position noticed above, the Writ Petition is disposed of at the stage of admission with a direction to the respondents to receive the application submitted by the petitioner for grant of building permission and process the same in accordance with law without insisting upon production of NOC either from the revenue administration or from the Department of Town Survey and Land Records and pass appropriate orders in accordance with law as expeditiously as possible preferably within a period of six weeks from the date of receipt of this order. Writ Petition is accordingly disposed of. No costs. ___________________ Justice G. Rohini Date:17-06-2009 mrb THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11692 OF 2009 DATED: 16.06.2009