HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.6276 of 2024

ORDER:

Heard Mr.TPS Harsha, learned counsel appearing on behalf of petitioner and Mr.K.R.Kotesw ar Rao, learned Standing Counsel for Cantonment Board, appearing on behalf of sole-respondent.

PERUSED THE RECORD

2. The Petitioner approached the Court seeking the prayer as under:

“to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent in insisting for No Objection Certificate (NOC) from the District Collector for grant of Building Permission as arbitrary, illegal, unconstitutional and contrary to judgments and consequently direct the Respondent to grant Building Permission in the land admeasuring 5,246 Sq. Yards in Sy.No.196 (part) old, corresponding to GLR Sy. No. 243 of Lothukunta Village, Alwal Village hamlet, Alwal Revenue Village, Secunderabad Cantonment by setting aside the letter bearing Lr. No. SCB/EB/Open Plot/ Sy. No.196(P)/GLR.Sy.No. 243/451 dated 28.02.2024 issued by the Respondent.”

3. The case of the petitioner in brief is as follow s:

The petitioner herein is the absolute owner and possessor of the land admeasuring 5,246 sq.yards in old Sy.No.196(part) old, corresponding to GLR Sy.No.243 of Lothukunta Village hamlet, Alwal Revenue Village, Secunderabad Cantonment, which is enclosed within a compound wall. The subject land is part of a larger extent of land owned by the petitioner in the same Revenue Survey Number i.e., Old Sy.No.196(part) old, corresponding to GLR Sy.No.243, wherein the petitioner had made applications seeking lay out. The land in old Sy.No.196(part) corresponding to GLR Sy.No.243 of Lothukunta Village hamlet of Alwal Revenue Village, Secunderabad Cantonment is owned by the petitioner’s family since petitioners great grand-father from 1930s as per the records and after verification the layouts were sanctioned by the respondent itself vide (Cantonment Board Resolution) CBR No.35 and CBR.No.36, both dated 07.11.2008. It is further the case of the petitioner that the sanctioned layouts have been totally developed and the common areas, including the roads, water tanks etc., had been gifted to the Secunderabad Cantonment Board/Respondent vide registered gift deed Nos. 3234 of

2012 and 3597 of 2016 respectively and the Petitioner now wanted to develop another part of petitioner’s land of 5,246 Sq. Yards of land existing in the very same Sy. No. 196 (part) old, corresponding to GLR Sy. No. 243 of Lothukunta Village hamlet, Alwal Revenue Village, Secunderabad Cantonment, and the petitioner had made an application bearing 02335- 2023-CB dated 20.12.2023 under Section 235 of the Cantonment Act, 2006 to the Respondent for sanction of Building Permission for construction of Apartments in the said land. It is further the case of the petitioner that the road to the subject Land is from one of the above-mentioned layouts developed by the Petitioner himself, and the Secunderabad Cantonment Board has kept the said application pending and sought NOC from the District Collector vide letter dated 28.02.2024. The said action of the Respondent is contrary to law. For granting building permission, Secunderabad Cantonment Board is a municipal authority, and it cannot seek NOC from the revenue authorities, i.e. the District Collector, Hyderabad District. It is the specific grievance of the petitioner that there is no provision under the Cantonment Act, including Section 235 and Section 238, which mandates for any such NOC to be obtained. Hence, the present writ petition.

PERUSED THE RECORD.

4. It is represented by both the learned counsel for the petitioner as well as learned Standing Counsel for sole respondent-Cantonment Board that, the subject issue is squarely covered by the verdict of this Court passed in WP.No.11091 of 2006, dated 19.06.2006 and also the order of this Court passed in WPMP NO.1211 of 2014 in W.P.No.1063 of 2014, it is specifically held vide the said verdicts of th