Telangana High Court
M/S. Meda Constructions vs The Southern Power Distribution ... on 10 January, 2024
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.678 of 2024
ORDER:
This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking following prayer:-
".....to issue any writ or order or direction more particularly one in the nature of writ of Mandamus challenging the inaction of the Respondent Nos. 1 to 3 not releasing the power supply of 10 Nos. 3-phase each 5KW Domestic load over and above existing 1 No. 3/PH with 5KW and common meter 1 No. capacity of 6 KW in pursuance to the sanctioned memo dated 25.09.2023 to the premises bearing Plot No.23, H.No.4-123/A/23 in survey No.56 admeasuring 400 square yards situated at Ward No.2, Block No. 20, Adarsh Nagar, Uppal Mandal, Medchal-Malkajgiri District is arbitrary, illegal and in violation of Articles 14, 300A and 21 of the Constitution of India and against the rules and regulations of the Telangana Southern Power Distribution Company and consequently direct the Respondent Nos.1 to 3 to release power supply of 10 Nos. -3phase each 5KW Domestic load over and above existing 1 No.3/PH with 5KW and common meter 1 No. capacity of 6 KW in pursuance to the sanctioned memo dated 25.09.2023 to the premises bearing Plot No.23 H.No.4-123/A/23 in survey No.56, admeasuring 400 square yards situated at Ward No.2, Block No.20, Adarsh Nagar, Uppal Mandal, Medchal- Malkajgiri District without insisting Occupancy Certificate from the Respondent No.4 in the interest of justice and pass such other ....."
2 NBK,J W.P. No.678 of 2024
2. Heard learned counsel for the petitioner, learned Standing Counsel for TSSPDCL appearing for respondent Nos.1 to 3 and learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for respondent No.4. Perused the record.
3. The petitioner obtained building permission for construction of stilt + five upper floors from respondent No.4 as per the building permit dated 05.05.2022 and completed construction as per the said sanctioned permission. The case of the petitioner is that he applied for electricity connection and the same was sanctioned vide sanction memo, dated 25.09.2023 and in terms of the said sanction memo, the petitioner paid a sum of Rs.2,65,811/- on 07.10.2023 to respondent Nos.1 to 3. However, respondent Nos.1 to 3, instead of providing electricity connection are now insisting for production of occupancy certificate, which, according to the petitioner, is not mandatory.
4. Evidently, the Corporation granted permission to the petitioner for raising stilt + five upper floors, subject to certain terms and conditions. One such conditions is 'public amenities such as water supply, electricity connection will be provided only on production of occupancy certificate.' The respondent-TSSPDCL also in their letter dated 25.09.2023, specifically mentioned that 3 NBK,J W.P. No.678 of 2024 'no service connection shall be released for multi-storied buildings/complexes greater than 10 meters in height unless occupancy certificate from the authorities concerned is produced'. In the light of the clear terms and conditions prescribed by the Corporation as well as TSSPDCL while granting permission itself, the petitioner, without questioning the said conditions, cannot seek indulgence of this Court now.
5. Though learned counsel for the petitioner placed strong reliance on various orders passed by this Court, wherein the respondent - TSSPDCL was directed to provide power supply to the premises in question therein, subject to compliance of terms and conditions and on furnishing an undertaking to produce the occupancy certificate within a prescribed period, and if no such occupancy certificate is produced within such period, it is open to the respondents to take appropriate action in accordance with law, with great respect, this Court inclines to take a slight departure, for, several buildings are mushrooming after getting approvals for a particular plan, thereafter giving a go-by, additional floors are being raised unscrupulously and the parties are applying for building regularisation scheme for legalising the said unauthorised structures and the civic body is not able to touch these structures.
4 NBK,J W.P. No.678 of 2024 This Court cannot be a mute spectator for such unceremonious procedure and does not want to encourage this type of activity in the interest of society at large.
6. Hence, the Writ Petition is disposed of directing the petitioner to approach the municipal authorities concerned and apply/obtain occupancy certificate. On producing such a certificate, the respondent-TSSPDCL shall consider the case of the petitioner for release of electricity connection to the subject premises, in accordance with law. No costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
_______________________ NAGESH BHEEMAPAKA, J Date: 10.01.2024 ssp