Disposed

Sri Rayala Raghu v. The Greatr Visakhapatnam Municipal Corporation

Telangana HC18 Apr 2012WP/11069/2012

Case brief

AI extract

What is this about?

This judgment is a common order disposing of two writ petitions challenging the Greater Visakhapatnam Municipal Corporation's demand for a No Objection Certificate from Defence authorities for building plan approval. The court relied on a prior order and directed the corporation to process the petitions after submission of relevant documents.

What did the court decide?

Petitioners directed to submit site documents, soil test, and structural design booklets for building permission consideration without insisting on No Objection Certificate from Defence authorities.

Sri Rayala Raghu Vs The Greatr Visakhapatnam Municipal… — Landlord and Tenant | Telangana HC (2012)

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HON’BLE SRI JUSTICE G. CHANDRAIAH

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WRIT PETITION No.11069 of 2012 and WRIT PETITION No.11093 of 2012

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Date: April 18, 2012

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WRIT PETITION No.11069 of 2012:

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Between:

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1. Rayala Raghu & 4 others. … Petitioners

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and

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1. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam. … Respondent

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WRIT PETITION No.11093 of 2012: Between:

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1. M/s. Indwell Constructions, rep. by its Managing Director, Kancherla Rama Rao & 9 others. … Petitioners

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And

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**The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, GVMC building, Visakhapatnam. … Respondent * * ***

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HON’BLE SRI JUSTICE G. CHANDRAIAH

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WRIT PETITION No.11069 of 2012 and WRIT PETITION No.11093 of 2012

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COMMON ORDER:

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Since the subject matter in both the writ petitions is similar, both the writ petitions are being disposed of by this

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common order.

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2. These writ petitions are filed seeking issuance of writ of Mandamus declaring the action of the respondent Corporation in insisting for No Objection Certificate from defence authorities for approving building plan submitted by the petitioners in respect of the vacant land admeasuring 7176 and 5578 square yards situated in East Point Colony, near VUDA park covered by T.S. No.125, part of Waltair Ward Visakhapatnam District.

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3. The case of the petitioners is that they are the absolute owners and possessors of the petition schedule property. They made applications B.A.No.2012/11888 and B.A.No.2012/11889 dated 24.3.2012 to the respondents seeking permission for construction of buildings. But the respondent has not so far granted approval for the said plan. When the petitioners have approached the respondent, the respondent directed them to secure No Objection Certificate from the Defence authorities for the purpose of processing building plan permission.

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4. Both the counsel submits that the relief sought for in the present writ petition is squarely covered by the order dated 21.3.2012 passed by this Court in W.P. No.7928 of 2012 wherein this Court disposed of the writ petition directing the petitioner to submit relevant documents viz.,

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site documents, soil test and structural design booklets to the respondent and thereafter the respondent shall consider the same in accordance with the rules governing the sanction of building permission without insisting for No Objection Certificate for the Defence authorities.

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5. Following the same, both the writ petitions are disposed of directing the petitioners to submit relevant documents viz., site documents, soil test and structural design booklets to the respondent and thereafter the respondent shall consider the same in accordance with the rules governing the sanction of building permission without insisting for No Objection Certificate from the Defence authorities. No order as to costs.

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G. CHANDRAIAH, J.

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Date: April 18, 2012. BSB

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HON’BLE SRI JUSTICE G. CHANDRAIAH

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WRIT PETITION No.11069 of 2012

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and

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WRIT PETITION No.11093 of 2012

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Date: April 18, 2012

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BSB

Sri Rayala Raghu v. The Greatr Visakhapatnam Municipal Corporation

Case brief

What is this about?

What did the court decide?

Sri Rayala Raghu v. The Greatr Visakhapatnam Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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