IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 1921 of 2008 Between: Mohd Iqbal S/o Late Mr. Mohd. Khasim, R/o H. No. 13-6-27, Kulsumpura, Karwan, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, rep by its Commissioner, and Special Officer, Tank Bund Road, Hyderabad. 2 Assistant City Planner, GHMC. Circle No. sardar Mahal, Charminar 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 a writ or Writs or directions more particularly in the nature of Writ of mandamus directing the respondents to act according to law, declaring their action in insisting the Writ Petition to obtain No Objection certificate from Revenue Department in respect of title of the property which is in existence over (40) years, as condition precedent for granting building permission, as arbitrary, illegal and void and consequentially direct the respondent to grant forthwith building construction permission to the premises bearing No. 13-6-27, admeasuring 198-77 sq. yards or 166-19 sq. mts, situated at Kulsumpura, Karwan Sahu , Hyderabad and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner : Sri G. Bhaskar Rao Counsel for the Respondents : Smt. Kalpana Ekbote The Court made the following O R D E R: Heard Sri G. Bhaskar Rao, the learned counsel for the petitioner and Smt. Kalpana Ekbote, the learned Standing Counsel for the respondents. This writ petition has been instituted seeking a writ of mandamus to direct the respondents to act in accordance with law and consider the application submitted by the writ petitioner seeking permission for construction of a building, without insisting upon the petitioner to produce ‘No Objection Certificate’ from the Revenue Department. This very question has been set at rest by this Court by pointing out that for the purpose of considering the application submitted by the prospective builders, the 1st respondent- Corporation cannot insist upon them to produce ‘No Objection Certificates’ from the revenue establishment of the State Government and that the applications seeking permission for erecting buildings have got to be considered independently and on their merits. In view of this, the 1st respondent is directed to entertain the application of the petitioner without insisting upon him to produce ‘No Objection Certificate’ from the revenue establishment. The application for permission to erect a building shall be considered strictly in accordance with law and only upon being satisfied that it is in conformity with the building byelaws and other regulations on the subject, the same be granted. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO,J) 12th March 2008 ksld : ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}