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Judgment
Petitioners are running a hotel on a land abutting National Highway 66 since 2002. As there was no lift facility in the hotel, they installed a lift in the
hotel building. The lift was provided without getting permission from the Panchayat. After installing the lift, the petitioners preferred an application for
regularization of the installation. On the said application, the Panchayat issued Ext.P3 communication to the petitioners pointing out a few defects in
the application for regularization. One of the defects pointed out by the Panchayat in Ext.P3 communication is that the petitioners have to obtain No-
objection Certificate from the State Highway Authority for the said purpose. Ext.P3 communication has been issued to the petitioners on 10.02.2020.
Later, on 27.02.2020, the Secretary of the Panchayat himself addressed a letter to the State Highway Authority namely, the third respondent requiring
him to intimate whether No-objection Certificate of the State Highway authority is to be insisted for the purpose of considering the application for
regularisation. Ext.P6 is the letter issued by the Secretary of the Panchayat in this regard to the third respondent. The third respondent has not
responded to Ext.P6 letter and the writ petition was filed in the circumstances seeking orders quashing the direction in Ext.P3 communication
compelling the petitioners to produce the No-objection Certificate of the third respondent.
Heard the learned counsel for the petitioner, the learned Government Pleader as also the learned Standing Counsel for the Panchayat.
It is seen that a counter affidavit has been filed by the third respondent in the matter stating that No Objection of the State Highway Authority is not
required for the purpose of considering the application for building permit.
In the light of the said counter affidavit, I am of the view that the writ petition can be disposed of directing the Panchayat to consider the application
submitted by the petitioners for regularization without insisting the No-objection Certificate of the third respondent. Ordered accordingly. The
petitioners, however, shall cure all other defects noted in Ext.P3.