Taiyebi Niaz-E-Hussaini Trust Fund, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 34516 OF 2016 O R D E R :

This Writ Petition is filed questioning the letter dated 30.06.2016 issued by the 3rd respondent Chief City Planner, Greater Hyderabad Municipal Corporation refusing to consider the application of the petitioner for grant of permission for construction of a residential building consisting of cellar, stilt + 3 upper floors in premises bearing H.No. 20-2-478/7 to 18, 2-439/4 to 10, admeasuring 4335 yards situated at Baragalli, Husaini Alam, Hyderabad, as it is not accompanied with the 'No Objection Certificate' from the Waqf Board.

Learned counsel for the petitioner Sri G. Anandam would submit that in large number of cases, this Court had taken a view that production of 'No Objection Certificate' is not a pre-requisite for considering the application for grant of permission for construction of residential buildings.

On the other hand, learned Standing Counsel for the Corporation, Sri N. Ashok Kumar fairly submits that subject to the petitioner satisfying the other stipulations, such as prima facie title with respect to the property, etcetera, without insisting on production of 'NOC', its application would be processed. In the light of the stand taken by the respondent Corporation, it is directed that the application of the petitioner shall be considered without insisting on production of 'NOC' from the Waqf Board, subject to the petitioner satisfying the other

conditions stipulated for grant of permission, in terms of the Rules prescribed therefor, within a period of eight weeks from the date of receipt of a copy of this order.

Subject to the above, the Writ Petition stands disposed of. No costs.

Consequently, the miscellaneous Applications, if any shall also stand disposed of.

____________________________ CHALLA KODANDA RAM, J 18th October 2016 ksld