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CHEQUE BOUNS CASE

The question as to whether it is competent for the Municipal Corporation to insist on production of TSLR Certificate and “No Objection Certificate” from revenue authority is no longer res integra. In Hyderabad Potteries Private Limited Vs. Collector, Hyderabad[1], this Court dealt with that very question and held that a local authority cannot insist on production of TSLR Certificate and “No Objection Certificate” from the revenue authority.

IN THE HIGH COURT JUDICATURE, ANDHRA PRADESH

Saidani maa Dargah and Mosque Tomb at Twin cit...

Saidani maa Dargah and Mosque Tomb at Twin city of hyderabad and Secunderabad, taken by Deen Dayal in the 1880s, from the Curzon Collection. The tomb in this view has an onion-shaped dome and finials at the corners of the building; features typical of Deccani style architecture. (Photo credit: Wikipedia)

AT HYDERABAD

FRIDAY, THE SECOND DAY OF MARCH

TWO THOUSAND AND TWELVE

PRESENT

THE HONOURABLE SRI JUSTICE G.CHANDRAIAH

 

W.P. No.5843 of 2012

 

Between:

 

Gumma Jagannadha Rao

…       Petitioner

And

 

The Greater Hyderabad Municipal Corporation,

Rep.by its Chief Commissioner,

Tank Bund Road, Hyderabad and another.

…       Respondents

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THE HONOURABLE SRI JUSTICE G.CHANDRAIAH

 

W.P. No.5843 of 2012

 

ORDER:                                                

 

The petitioner intended to make construction of a residential house on house bearing H.No.12-10-664/A, on Plot No.14/A, in Survey No.167/1, situated at IndiraNagar Colony, Zamisthanpur, Sitafalmandi, Secunderabad.  For that purpose, the petitioner approached the respondents with an application seeking building permission for construction in the said property.  The grievance of the petitioner is that the respondents are not receiving the application, on the ground that his application was not accompanied with TSLR Certificate and “No Objection Certificate” from the revenue authority.  Therefore, he seeks appropriate directions in this regard.

 

The learned counsel for the petitioner placed a copy of the order dated 07.02.2012 passed in W.P. No.3010 of 2012 by this Court and submitted that this matter is squarely covered with the said order.  Therefore, he requested to pass similar order for which, the learned standing counsel does not dispute the same.

 

Heard the learned counsel for the petitioner and the learned standing counsel for the respondents and perused the material on record.

 

The question as to whether it is competent for the Municipal Corporation to insist on production of TSLR Certificate and “No Objection Certificate” from revenue authority is no longer res integra.  In Hyderabad Potteries Private Limited Vs. Collector, Hyderabad[1]this Court dealt with that very question and held that a local authority cannot insist on production of TSLR Certificate and “No Objection Certificate” from the revenue authority.

 

Since the subject matter of this writ petition is squarely covered by the said order, following the same, this writ petition is also disposed of, in terms of the said order directing the respondents to receive and process the application of the petitioner for building permission, in accordance with the provisions of the HyderabadMunicipal Corporation Act, 1955  and the Building Rules and Regulations made thereunder, without insisting on production of TSLR Certificate and “No Objection Certificate” from the revenue authority.

 

With the above direction, this writ petitioner is disposed of.
There shall be no order as to costs.

 

_________________________

JUSTICE G.CHANDRAIAH

Date: 02.03.2012

LSK

 

 

 

 

 

 

 

 


[1] 2001(3) ALT 200

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