The Court held that the Municipal Corporation cannot refuse to receive a building permission application solely for lack of a Revenue 'No Objection Certificate'.
Direction to Respondent No.1 to consider the building permit application without insisting on the 'No Objection Certificate' from Revenue Authorities.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.34949 OF 2011
ORDER:
This Writ Petition is filed seeking a declaration that the action of the respondents in not receiving the petitioner’s application for building permission for making construction of building in Premises No.1-8-423 to 427, Chikkadapally, Hyderabad, on the ground that the petitioner’s application is not accompanied with ‘No Objection Certificate’, is arbitrary and illegal.
2. I have heard the learned counsel for the petitioner as well as Smt.Y.Padmavathi, the learned Standing Counsel appearing for the Corporation.
3. The question involved in this Writ Petition is no longer res integra. This Court in HYDERABAD POTTERIES PRIVATE LIMITED V. COLLECTOR, HYDERABAD DISTRICT AND ANOTHER[1] and DISTRICT COLLECTOR V. N.KRISHNA MOHAN[2] , having considered an identical question, held that the authority cannot refuse to receive the building permission application on the ground of not furnishing T.S.L.R Certificate and ‘No Objection Certificate’ from the Revenue Authorities.
4. In the light of the ratio laid down in the above decisions, the present Writ Petition is disposed of with a direction to respondent No.1-Greater Hyderabad Municipal Corporation, Hyderabad to take appropriate decision on the application made by the petitioner seeking permission to construct a building in accordance with the provisions of the Hyderabad Municipal Corporation Act, 1955, and the Building Rules and Regulations made thereunder, without insisting on production of ‘No Objection Certificate’ from the Revenue Authorities. There shall be no order as to costs.
_______________ K.C.BHANU, J
Date: 03.01.2012 va
1 issue framed by the court
Whether the Municipal Corporation can refuse receipt of a building permission application on the ground of absence of a 'No Objection Certificate'.
Colour shows how this judgement treated each authority
HYDERABAD POTTERIES PRIVATE LIMITED V. COLLECTOR, HYDERABAD DISTRICT AND ANOTHERFollowed¶5
HYDERABAD POTTERIES PRIVATE LIMITED V. COLLECTOR, HYDERABAD DISTRICT AND ANOTHER [1]
DISTRICT COLLECTOR V. N.KRISHNA MOHANFollowed¶5
DISTRICT COLLECTOR V. N.KRISHNA MOHAN [2]
1 provisions across 1 enactments
Petitioner
Greater Hyderabad Municipal Corporation, Hyderabad
K.C. BHANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
