Dismissed

Abeda Begum Saheba v. Greater Hydrebad Municipal Coproration

Telangana HC1 Jun 2010WP/12199/2010

Case brief

AI extract

What is this about?

Petitioner claimed a municipal authority rejected her building application for lacking a No Objection Certificate. High Court, relying on prior precedent, directed the authority to process the application without insisting on the certificate but to comply with all other statutory provisions regarding building permission.

What did the court decide?

Respondents directed to receive and process application without insisting on No Objection Certificate from revenue authorities.

Abeda Begum Saheba Vs Greater Hydrebad Municipal… — Writ and Judicial Review | Telangana HC (2010)

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HON'BLE SRI JUSTICE RAMESH RANGANATHAN

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WRIT PETITION No.12199 of 2010

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1^st June 2010

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Between:

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Smt Abeda Begum Saheba

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… PETITIONER(S)

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and

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Greater Hyderabad Municipal Corporation, represented by its Commissioner, Tank Bund, Hyderabad and another

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… RESPONDENT(S)

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HON'BLE SRI JUSTICE RAMESH RANGANATHAN

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WRIT PETITION No.12199 of 2010

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ORDER:

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Heard Sri P.Shiv Kumar Das, learned counsel for the petitioner and Sri R.Ramachandra Reddy, learned Standing Counsel appearing for the respondent nos.1 and 2. At their request the Writ Petition is being disposed of at the stage of admission.

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The petitioner claims to be the owner and to be in peaceful possession of house bearing No.5-7-365, admeasuring 241.50 sq. yards equivalent to 202 sq. meters at Aghapura, Darussalam, Hyderabad. She submitted an application for construction of a building. It is her case that the said application was not received by the respondents on the ground that a No Objection Certificate from the District Collector was not enclosed thereto. She would contend that such a condition, for production of the No Objection Certificate, is contrary to the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 and the Rules and the byelaws made thereunder.

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Both counsel would agree that the subject matter of this Writ Petition is covered by a judgment of this Court in HYDERABAD POTTERIES PRIVATE LIMITED vs. COLLECTOR, HYDERABAD DISTRICT AND ANOTHER^[1] wherein it was held that the local authorities could not insist on production of a No Objection Certificate from the revenue authorities for considering the application seeking permission to construct a building.

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Following the said judgment, this Writ Petition is also disposed of directing respondent nos.1 to 3 to receive and process the application of the petitioners without insisting upon her furnishing the No Objection Certificate from the fourth respondent. Respondent

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nos.1 to 3 shall, however, ensure that the provisions of the Greater Hyderabad Municipal Corporation Act, 1955, the Rules and Regulations, the building byelaws and other statutory provisions are adhered to in considering the petitioners’ application for grant of building permission.

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The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs.

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_____________________________ RAMESH RANGANATHAN,J 1^st June 2010 CVRK

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[1] 2001 (3) ALD 600

Abeda Begum Saheba v. Greater Hydrebad Municipal Coproration

Case brief

What is this about?

What did the court decide?

Abeda Begum Saheba v. Greater Hydrebad Municipal Coproration

Case brief

What is this about?

What did the court decide?

What the court decided

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