The Zion Prayer Hall Church, v. Greater Hyderabad Municipal Corporation, Rep. By Its

THE HON'BLE SRI JUSTICE A. RAJASEKHAR REDDY WRIT PETITION No.2624 of 2015 Between:

The Zion Prayer Hall Church, Rep. by its Chairman John Gollapalli PETITIONER AND

1. Greater Hyderabad Municipal Corporation, rep. by its Commissioner, Tank Bund, Hyderabad, and another. RESPONDENTS

ORDER:

This petition is filed for a writ of Mandamus declaring the action of the respondents in not considering the application dated 13.02.2013 for construction of building in H.No.10.05.491, Tukaram Gate, Lalaguda, Secunderabad, as it is not accompanied with Town Survey Land Record Certificate (TSLR) and No Objection Certificate, as illegal and arbitrary and for a consequential direction to the respondents to process the application for building permission without insisting for TSLR certificate and No Objection Certificate. Heard Sri Mohd Islamuddin Ansari, learned counsel for the petitioner and Smt. A. Deepthi, learned Standing Counsel for the respondents.

The question involved in this writ petition is whether TSLR certificate and 'No Objection' certificate from the Revenue Authorities can be insisted upon by the respondents in order to receive the application for building permission being submitted by the petitioner. Both the counsel stated that this issue is covered by the Judgments of this Court in Hyderabad Potteries Private Limited v. Collector, Hyderabad District & another[1]; District Collector v. N.Krishna Mohan [2] and WP.No.32363 of 2011.

In view of the above decision, this writ petition is also disposed of directing the respondents-GHMC 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 there under, without insisting for production of TSLR Certificate and 'No Objection' certificate from the Revenue authorities. There shall be no order as to costs. As a sequel thereto,

miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

____________________________ A. RAJASEKHAR REDDY, J.

10th February, 2015 Js.

[1] 2001(3) ALT 200 [2] 2000 (3) ALT 525