B.Kalavathi W/O.Late B.Arjun Reddy v. Greater Hyderabad Municipal Corporation

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.29576 OF 2015 ORDER:

This writ petition is filed by the petitioners seeking a writ of Mandamus to declare the action of the 2nd respondent in refusing to receive the building application along with relevant documents from the petitioners made for issuance of construction permission of building/boundary wall and further insisting him for getting 'No Objection Certificate/TSLR' from the office of revenue authorities in respect of the house bearing Municipal No.16-11-16/M/12/K/1, admeasuring 1179 sq. yards (385.30 + 793.68) under plot nos.62/A & 62/B in Sy.No.

81 situated at East Prasanth Nagar, Saleem Nagar Colony, Teegalguda, Moosarambagh, Hyderabad as illegal, arbitrary and in violation of principles of natural justice and against the provisions of the Hyderabad Municipal Corporation Act, 1955 and Rules and Regulations made thereunder and consequently direct the 2nd respondent to accord permission to the petitioners for construction of building/boundary wall in respect of the subject property, strictly in accordance with law, without insisting the petitioners for production of No Objection Certificate/TSLR from the revenue authorities.

Heard Sri Mohd. Moin Ahmed Quadri, learned counsel for the petitioners and Sri P. Krishna Reddy, learned counsel for respondents 1 and 2.

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 submitted by the petitioners. Both the counsel stated that this issue is squarely covered by the judgment of this Court in Hyderabad Potteries Private Limited V. Collector, Hyderabad District and another and District Collector Vs.

N.Krishna Mohan and W.P.No.32363 of 2011.

In view of the above decision, this writ petition is also disposed of directing the respondents to take appropriate decision on the application submitted by the petitioners, 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 for production of TSLR Certificate and 'No Objection Certificate' from the Revenue Authorities. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition shall stand dismissed.

________________________ A.RAJASHEKER REDDY, J Dated: 11.09.2015 Nrg

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.29576 OF 2015 Date:11.09.2015 Web

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