IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 6508 of 2008 Between: 1 Rajeshy Saini S/o Sher Singh Saini 2 Sher Singh Saini S/o Meena Ram Saini Both are R/o Flat No 203, Sri Venka vaibhav Apartments, Near Ganesh Temple, Kuthbiguda, Hyderabad. ..... PETITIONERS AND 1 Greater Hyderabad Municipal Corporation, rep by its Chief Commissioner, Tank Bund, Hyderabad, 2 Asst. City Planner, Circle-1, 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 consideration of application for building permission for construction of building in Pr. No. 16-11-1/B, Teegalguda, Malakpet, Hyderabad, as illegal, arbitrary and voilative of Principles of natural justice and consequently direct the respondents to consider the application for building permission without insisting for No Objection Certificate and to 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 Sreenivasa Rao Velivela Counsel for the Respondents : Sri R. Ramachandra Reddy The Court made the following O R D E R: The petitioners assert that they have submitted an application seeking permission for erection of a building in a residential locality, but however, the respondent-Municipal Corporation is insisting upon them to produce ‘No Objection Certificate’ from the revenue administration and the Town Survey Land Records Department. It is repeatedly held by this Court that though there is enough power vested in the Commissioner under Sections 428, 429, 431, 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 Land Records Department. In this view of the matter, the respondent – Corporation is directed to receive the application submitted by the petitioners seeking permission for construction of a building and process the same strictly in accordance with law without insisting upon them to produce ‘No Objection Certificate’ either from the revenue administration or from the Town Survey Land Records Department. The application be decided independently on its merits. With this, the writ petition stands disposed of, but however, without costs. (NOOTY RAMAMOHANA RAO, J) 27th March 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}