Keshav Rao Nimbalker and Another v. State of Telangana and 5 Others
Court: High Court for State of Telangana
Bench: A.ABHISHEK REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-22. Keshav Rao Nimbalker and Another v. State of Telangana and 5 Others. Read the judgment and case...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY wRlT PET|T|ON NO. 18337 0F 2020 Between: 1. Keshav Rao Nimbalker, S/o. Ramakrishna Rao Nimbalker, Aged about . 70 years, Occ. (Retd)Bak Executive, R/o. SRINIKETAN, H. No. 3-4-206, Lingampallty, Kachiguda, Hyderabad. 2. Srinivas Rao Nimbalker, S/o. Ramakrishna Rao Nimbalker, Aged about 65 years, Occ. (Retd)Electrical Engineer, R/o. SRINIKETAN, H. No. 3-4-206, Lingampallty, Kachiguda, Hyderabad. . ,. PETITIONERS AND L State of Telangana, Represented by its Secretary, lt/unicipal Administration and Urban Development, Secretariat Buildings, Hyderabad. 2. Greater Hyderabad Municipal Corporation, Represented by its Commissioner, CC Buildings, Tank Bund, Hyderabad. . > Asst. City Planner, Circle No. 16, Secunderabad Zone, Greater Hyderabad, Municipal Corporation.
4 District Collector, Hyderabad District. 5 Tahsildar, Hyderabad Mandal, Hyderabad District. 6 Deputy Director, Survey and Land Records, Hyderabad. ... RESPONDENTS Petition under Article 226 ol lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate Writ, Order or dire'ction, preferably a Writ in the nature of Mandamus directing the Respondent Municipal Corporation not to insist No Oblection Certificate for Gramakantam property i,e. , all that the House bearing No. 3-4-206, 20614,206lAlA,2061411,206lAl2 and 206iAl3, admeasuring 1326 sq. yards situated at Kachiguda, Hyderabad, while considering the application No. 1 /C1 6/22830/201 I Dt. 241 121201 I for building permission. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent.
Municipal Authorities to consider the application file No. 1/C16/22830/2019 Dt. 2411212019 for building permission without insisting No Objection Certificate for Gramakanlam property i. e. , all that the House bearing No. 3- 4-206, 2061A,206lAlA,2061A11,206lAl2 & 206lAl3 admeasuring 1326 sq. yards situated at Kachiguda, Hyderabad pending disposal of the above writ petition. Counsel for the Petitioner: SRI M. V. RAJ KUMAR GABRIEL Counsel for the Respondent No. 1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos. 2 & 3: SRI PASHAM KRISHNA REDDY, S. C. FOR GHMC Counsel for the Respondent Nos. 4 to 6: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION No. 18337 of 2O2O ORDER: Heard the learned counsel for the petitioners, the learned Government Pleader lor Municipal Administration and Urban Development for respondent No.
1, Sri Pasham Kirshna Redd1,, the learned Standing Counsel lor Greater Hyderabad Municipal Corporation for respondent Nos. 2 and 3, and the learned Government Pleader for Revenue for respondent Nos. 4 to 6. With their consent, the Writ Pe tition is disposr:d of art the stage of admission itself. The present Writ Petition is filed seekrng a clirection to the respondent Corporatior-r not to insist No-Objcctiun Certificate lbr Cjrzrmakantam Propcrty i,c. , llouse be:rring Nos.. l-4-206, 206IA, 20bi Ai A, '206lAll, 20trtA7'2 & 206/'r\i 3. ;rclrnt'asurins 11126 s(lLI,Lre vards, situatccl ,rt Kachiguda, r clcrabacl, u hile considering the application o1 the petitioners datcd 24. 72. 2O19 for building permission. This Court, on a number of occasions, basing on the ratio laid down by this Court in Hgderabad Potteries Priuate Limited o.
Collector, Hgderabad District and anotherr, has held that the insistence of the GHMC authorities for producing No-objection Certificate from thc ULC Authorities/ Revenue allthorities or anv other alrthorities lbr proccssing the application ibr building permission, is corltrarv to thc provisions ol' the (illMC Act. The (illNlC has lo ptirnct scc u'l. rctlrer thc pctitioncl is har. ,ing the firclr: pima title or not and whether the building plan submitted facie along with the application for building permission is as per the rules and GOs prescribed. The respondent authorities cannot insist the petitioner to submit NOC lrom the ULC authorities or anl other authonties for thc prlrpose of procc:ssing rhc buiidrng pcrmissior. r u hcn tirc szinrr: is not nrandated bl lau. For the abovc mentionecl rcasons. the u rit is 1;ctition disposecl ol s ith a dircction to the compctent alrthoritv to considcr the applrcarion of the pctirioners for building permissior.
r u'ithout ir-rsisting lor production ol No-ob. jection Ccrtilicate lrom lhe authorities concerned and pass necessan, orders thereon, as expeditiously as possible, preferably within a period of lour weeks from the date of receipt of a copy of this order, duly taking into consideration the ratio iaid dou,n by this Court in Hgderabad Potteries Priuate Limited (supra) and strictly in accordance with lau'. A copy of the order passed by the competent authoritr,' shall be communicated to the petitioners. Thc misccllar. reous petitions pending, if an. v', shall stand closcd. Thcrc shall bc no order as to costs SD/. K. SAILESHI ASSISTANT REGISTRAR //TRUE COPY/I , i- r l'r,--/ SECTION OFFICER To, 1. The Secretary, Municrpal Administration and Urban Development, State of Telangana, Secretariat Buildings, Hyderabad. 2. The Commissioner, Greater Hydeiabad l,4unicipal Corporation, CC Buildings, Tank Bund, Hyderabad. 3. The Asst. Planner, Circle No.
16, Secunderabad Zone, Greater Hyderabad, ^City I\,4unicipal Corporation. 4 The District Collector, Hyderabad District. 5 The Tahsildar, Hyderabad lr/andal, Hyderabad District. 6 The Deputy Director, Survey and Lanb Records, Hvderabad. 7 to Srii/ V. Raj Kuhar Gabriet, Advocate [OpUC] 9n" 99 8 CC; t9 clJol Ir,4unicipal Administration and Urban D6velopment, ]w9 High Court for the State of Telanqana at Hvderabad. [OUTI 9. One CC to Sri Pasham Krishna Reddy. S. b. For GHMC (OPUC) '10. Two CCs to GP for Revenue, HiOh Court for the'State bf Telangana at Hyderabad. [OUT] 11. Two CD Copies. IVP HIGH COURT DATED:2211212020 1 tle s T4 ( d zs DEczuo p J:. C, ORDER WP. No. 18337 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o. J iop 1q ' "A )t-o\'-\*-
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