Telangana High Court
Kasanagottu Anjaiah vs Telangana State Southern Power ... on 9 February, 2024
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.3460 of 2024
ORDER:
This writ petition, under Article 226 of Constitution of India, is filed by the petitioners seeking following prayer:-
".....to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent electricity authorities in not releasing the power supply and not providing service connections along with electrical meters as per Sanction Memo No.SE/OP/SDP/DE (T)/ADE(c)/AE(c)/F.No./D.No.969/2023-24, dated 22.11.2023 and sanction letter Lr.No.SE/OP/SDP/DE(T)/ADE
(c)/AE(C)/F.No./D.No.970/2023-24, dated 22.11.2023 to the petitioners constructed property at Door No. bearing H.No.1-2-88, New (H.No.1-2-124 old) and 1-2-89 New (H.No.1-2-124/1 old) situated at Parupalli Street, Siddipet Town and District i.e. Stilt plus 5 Upper Floors under the influence of the instructions of the respondent No.4 is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India Consequently direct the respondent electricity authorities to release the power supply and to provide service connections along with electrical meters to the petitioners constructed property bearing H.No.1-2-
88 New (H.No.1-2-124 old) and 1-2-89 New (H.No.1-2-124/1 old) situated at Parupalli Street, Siddipet Town and District i.e. Stilt plus 5 Upper Floors as per Sanction Memo No.SE/OP/SDP/DE T/ADE(c)/AE(c)/F.No./D.No.969/2023-24, dated 22.11.2023 and sanction letter Lr.No.SE/OP/SDP/DE (T)/ADE(c)/AE(c)/F.No./D.No. 970/2023-24, dated 22.11.2023 and to pass such other order ..."
2. Heard. Perused the record.
3. Petitioners claim to be the owners of the subject property. It is stated that they secured permission for construction of stilt + 5 Upper floors on 20.10.2021 and completed construction as per the 2 NBK,J W.P. No.3460 of 2024 sanctioned plan. The case of the petitioners is that after completion of construction, they made an application and paid requisite amounts to the respondents to provide electricity connection. However, respondent authorities, instead of providing electricity connection, now, insisting for production of occupancy certificate, which, according to the petitioners, is not mandatory.
4. Evidently, the Corporation granted permission to the petitioners for raising stilt + five upper floors, subject to certain terms and conditions. Some of the conditions are that, Occupancy Certificate is compulsory before occupying any building under Rule 26A of G.O.Ms.No.168 M.A., dated 07.04.2012; 'public amenities such as water supply, electricity connections will be provided only on production of occupancy certificate; prior approval should be obtained separately for any modification in the construction and the mortgaged built up area shall be allowed for registration only after an Occupancy Certificate is produced. In the light of the clear terms and conditions prescribed by the Corporation while granting permission itself, the petitioners, without questioning the said conditions, cannot seek indulgence of this Court now.
5. Though learned counsel for the petitioners placed strong reliance on various orders passed by this Court, wherein the 3 NBK,J W.P. No.3460 of 2024 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. 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 petitioners 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 petitioners for release of electricity connection to the subject premises, in accordance with law. No costs.
4 NBK,J W.P. No.3460 of 2024 Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
_______________________ NAGESH BHEEMAPAKA, J Date: 09.02.2024 ssp