IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17588 of 2008 Between: Mohammed Khaja Nazeemuddin Khan S/o.Mohammed Jahangir Khan, R/o.H.No.3-5-782/10/1/2/E, Parda Gate, King Kothi, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, rep. by its Chief Commissioner, Tank Bund, Hyderabad. 2 Asst. City Planner, Circle-9, (Old Circle-3) Municipal Corporation of Hyderabad, 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 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 for construction of building in Pr.No.3-4-285, Basanth Talkies Lane, Kachiguda Cross Road, Lingampally, 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 Objection Certificate and TSLR Certificate and to pass such other order or orders. Counsel for the Petitioner:MR.SREENIVASA RAO VELIVELA Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER This writ petition has been filed by Mohammaed Khaja Nazeemuddin Khan assailing the action of the respondents in insisting to produce No Objection Certificate and TSLR Certificate for entertaining the building permission application. The petitioner is owner and possessor of the premises bearing No.3-4-285, admeasuring 292 square yards of Kachiguda Cross Road, Lingampally, Hyderabad. He submitted an application to the respondents for construction of a building. The respondents refused to entertain the application on the ground that the application shall contain enclosures of No Objection Certificate and TSLR Certificate issued by the District Collector. Hence, the writ petition. When the writ petition came up for admission, Sri R.Ramachandra Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation received notice on behalf of R1 and R2. Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents 1 and 2. The issue with regard to entertaining the building permission application without insisting for No Objection Certificate and TSLR Certificate is no more res integra in view of Judgment of this Court in Hyderabad Potteris Private Limited vs District Collector,Hyderabad, wherein it has been held that under the provisions of Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) and Building Bye-laws, 1981, there is no provision for demanding the petitioner to obtain No Objection Certificate from the District Collector for grant of building permission. In view of the settled proposition of law, the action of the respondents in insisting the petitioner to produce No Objection Certificate cannot be sustained. Accordingly, the writ petition is disposed of directing the respondents to entertain the building permission application of the petitioner provided the application is in accordance with the provisions of Hyderabad Municipal Corporation Act and the Rules framed thereunder. No costs. __________ 13-08-2008 rkk