The High Court allowed a writ petition challenging the Secunderabad Cantonment Board\'s requirement for the District Collector\'s No Objection Certificate for layout permission. Relying on coordinate benches, the Court quashed the impugned letter.
The impugned letter dated 26.06.2024 was quashed without costs to parties.
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.
{34051
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE MOUSHUMlBHATTACHARYA
WRIT PETITION NO: 17259 OF 2024
Between:
T. Kishan Rao, S/o Late T. Gopal Rao, Aged 63years, Occ: Agriculture,R/o H.No. 1-2-72, Old Alwal, Secunderabad- 300 010.
...PETITIONER
AND
Secunderabad Cantonment Board, Represented byits Chief Executive Officer, Sardar Patel Road, City Civil Court Compound,Secunderabad - 500 003.
...RESPONDENT
Petition under Article 226 of the Constitution oflndia praying that in the circumstances stated in the affidavitfiled therewith,the High Court may be pleased to issue a Writ, order or d irection, moreparticularly one in thenatureof Writ of Mandamus, declaring the action of theRespondent - Secunderabad Cantonment Board in seeking any objections,Reports, No ObjectionCertificate (NOC) etc. from the District Collector, Hyderabad District, forgrant ofLayout Permission in Secunderabad CantonmentBoardlimlts, as arbitrary, illegal, unconstitutional, and contrary to the HonorableCourt Judgementsand against the principles of naturaljustice and, therebyset aside the letter No. SCB/EB/GLR Sy.No.196i Lothkunta/ Tirmulgherry/1169 dated 26.06.2024issuedby the Secunderabad Cantonment Board tothe DfstrictCollector, HyderabadDistrict, Hyderabad and, consequently, direct theRespondent to grant Layout permission
7 .,/.
to the Petitionerr in the land admeasuring Ac.04-00(19,360.00 Sq.yds) in old Sv.No.196(part) corresponding to GLR No.243 situated atLothkuntavillage hamlet of Alwal Revenue Village, Tirumalgiri Mandal, Hyderabad District, Secunderabad Cantonment Limits without insisting for No Objection Certificate (NOC), reports, seeking objections etc. from the Revenue Authorities, including the District Collector, Hyderabad District.
lA NO: 1 OF 2024
Petition under Section 151 CPCpraying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to direct the Respondent toprocess and release the Layout Permission in the land admeasuring Ac.04-00(19,360.00Sq.yds) in old Sy.No.196(part)grant Building Permission in accordance with law to the Petitioner without insisting for No Objection Certificate (NOC), Reports, and objections from the Revenue Authorities, inch.rding the District Collector, HyderabadDistrict, pending disposal of the above writpetition.
Counsel for the Petitioner: SRI AVINASH DESAI,SENIOR COUNSEL REPRESENT]NG SRI T.P.S. HARSHA
Counsel for the Respondents: SR! K.R. KOTESHWAR RAO SENIOR S.C. FOR CANTONMENT
The Court made the following: ORDER
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I I
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
1VRIT PETITION NO.17259 OF 2024
Sri Avinash Desai, learned Senior Counsel representing Sri'f.P.S IIarsha. learned counsel for the petitioner.
Sri K.R. Koteshwar Rao, learned counsel for the respondent.
ORDER:
The challenge in the writ petition is to thc lettcr dated 26.06.)-O24 issued by the Chief Executive Officer, Secunderabad Cantonment Board by which the District Collector has been requested to inform the respondent as to whether aly State interest is involved in the layout proposed by the petitioner and whether the District Collector has any objection to the application submitted by the petitioner under Section 235 of The Cantonments Act, 2O06 ('2006 Act') which contemplates giving notice of new buildings.
I
2
MB,J W.P.No.17259 of 2O24
this Cou rt on 19 .06 .2006 \r.as unsuccessfully challenged by the respondent in the Supreme Court.
sd/- A.v.s. enfsao ASSISTANT REGISTRAR //TRUE COPYII \
SECTION OFFICER
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HIGH COURT
DATED:151'1012024
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ORDER
WP.No.17259 of 2024
ALLOWING THE WRIT PETITION WITHOUT COSTS I GHq
11 o\u--
2 issues framed by the court
Whether the Secunderabad Cantonment Board can require the District Collector\'s No Objection Certificate under Section 235 of the Cantonments Act, 2006 for layout permission.
Whether seeking objections from Revenue Authorities contravenes the relevant statute and principles of law.
1 provisions across 1 enactments
T. Kishan Rao
Secunderabad Cantonment Board
Moushumi Bhattacharya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
