Allowed

P. Manitha, v. Greater Hyderabad Municipal Corporation

Telangana HC5 Jan 2012WP/380/2012

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking a declaration that the Municipal Corporation's refusal to accept a building permission application due to the lack of a Revenue No Objection Certificate was arbitrary. Relying on precedent, the Court directed the authority to consider the application without insisting on the certificate.

What did the court decide?

Direction to the Greater Hyderabad Municipal Corporation to consider the petitioner's application for building permission without insisting on a No Objection Certificate from Revenue Authorities.

P. Manitha, Vs Greater Hyderabad Municipal Corporation — Landlord and Tenant | Telangana HC (2012)

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THE HON'BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION NO.380 OF 2012

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O R D E R:

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This writ petition is filed seeking a declaration that the action of respondent No.1 in not receiving the application from the petitioner for issuance of building permission and insisting the petitioner for getting ‘No Objection Certificate’ from the Revenue Authorities for construction of a building in premises admeasuring 155.66 sq.yds bearing H.No.22-1055/20/A & 2-2-1055/20/A/3, Amberpet, Hyderabad as arbitrary and illegal and consequently direct respondent No.1 to receive and consider the petitioner’s application without insisting on ‘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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2. Heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the respondents.

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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 anothe r^[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 ‘No Objection Certificate’ from the Revenue Authorities.

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4. In the light of the ratio laid down in the above decisions, the present writ petition is disposed of with a direction to the 1^st respondent – 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

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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. No costs.

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_______________ K.C.BHANU, J

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05^th January 2012 AMD

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THE HON'BLE SRI JUSTICE K.C.BHANU

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WRIT PETITION NO.380 OF 2012

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Date:05.01.2012

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AMD