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Shri S.Venkat Rao, v. Greater Hyderabad Municipal Corporation

Telangana HC13 Jul 2012WP/21033/2012

Case brief

AI extract

What is this about?

The High Court issued a Writ of Mandamus directing the Greater Hyderabad Municipal Corporation to receive and consider the petitioner’s application for building permission without insisting on a No Objection Certificate from the Revenue Authorities, pursuant to a previous order in WP No.18274 of 2012.

What did the court decide?

Respondents directed to receive petitioner's application for building permission without insisting on No Objection Certificate and process it in accordance with law.

Shri S.Venkat Rao, Vs Greater Hyderabad Municipal… — Property and Title | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY

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WRIT PETITION No.21033 of 2012

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ORDER:

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Heard learned counsel for the petitioner and learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for the respondents.

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This writ petition is filed with the prayer, which reads as under:

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“For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon’ble Court may be pleased to issue Writ, Order, or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 1^st respondent in not receiving the petitioner’s application for grant of permission for building construction with regard to his property admeasuring 98.81 sq.mts bearing Municipal H.No.15-247 (Old.No.7154) situated at Kalasiguda, Secunderabad thereby insisting on a “No Objection Certificate” from the Revenue Authorities/District Collector, Hyderabad as illegal, arbitrary, unconstitutional and contrary to law apart from being in violation of the provisions contemplated under the Hyderabad Municipal Corporation Act, 1955 and consequently direct the 1^st respondent to receive and consider the petitioner’s application without insisting on a ‘No Objection Certificate’ from the Revenue Authorities/District Collector, Hyderabad and release sanction for the construction of the building in the said property.”

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It is submitted that the application of the petitioner is not being received only on the ground that it is not

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accompanied by No Objection Certificate. It is also submitted that the same point is already considered by this Court and this Court has held that the respondents cannot refuse to receive the application for building permission on the ground that the same is not accompanied by No Objection Certificate. Even the learned Standing Counsel appearing for the respondents submits that the subject matter of this writ petition is covered in view of order, dated 20.06.2012 passed by this Court in Writ Petition No.18274 of 2012.

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In view of the judgments of this Court in the cases of HYDERABAD POTTERIES PRIVATE LIMITED v. COLLECTOR, HYDERABAD DISTRICT AND ANOTHE R^[1] and DISTRICT COLLECTOR v. N.KRISHNA MOHAN^[2] , this writ petition is disposed of with the direction to the respondents to receive the petitioner’s application for building permission without insisting on No Objection Certificate from the revenue authorities, and process the same in accordance with the provisions of Hyderabad Municipal Corporation Act, 1955 and the Building Rules and Regulations made there under. No order as to costs.

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In view of disposal of the writ petition, WPMP.No.26951 of 2012 also stands disposed of.

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______________________ R.SUBHASH REDDY, J

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13^th JULY, 2012.

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kvni

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[1] 2001(3) ALT 200

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[2] 2000(3) ALT 225

Shri S.Venkat Rao, v. Greater Hyderabad Municipal Corporation

Case brief

What is this about?

What did the court decide?

Shri S.Venkat Rao, v. Greater Hyderabad Municipal Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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