Telangana High Court
D.Srinivas Rao vs The State Of Telangana on 28 July, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No. 21922 OF 2025
ORDER:
In this Writ Petition, a direction is sought to Respondents 2 to 4 - TGSPDCL to release power supply electricity connection to petitioner's house bearing No. 17-1-391/T/235 on Plot No. 235 in Survey Nos. 137/1, 137/2 and 137/5 in Ward No. 17, Block No.1 situated at Saraswathi Nagar, Saidabad, Hdyerabad without insisting on production of occupancy certificate from Greater Hyderabad Municipal Corporation.
2. Petitioner claims to be the owner of the subject property. It is stated, he is constructing the houise duly obtaining permission from the Corporation. His claim is that when he applied for electricity connection, the 4th respondent issued estimation vide letter dated 27.05.2025 according sanction for release of power supply subject to payment of charges of Rs.4,68,852/-, accordingly, petitioner deposited the said amount on 27.05.2025. However, Respondents 2 to 4 instead of providing electricity connection, now, insisting on production of occupancy certificate, which, according to petitioners, is not mandatory.
Heard learned counsel for petitioner Ms. K. Annapurna Reddy and Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL.
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3. Evidently, TGSPDCL in their letter dated 27.05.2025 addressed to petitioner specifically mentioned that '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 same, petitioner without questioning the said condition, cannot seek indulgence of this Court now.
4. Though learned counsel for petitioner places strong reliance on various orders passed by this Court, wherein respondent - TGSPDCL was directed to provide power supply to the premises in question, 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 approval 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 3 procedure and does not want to encourage this type of activity in the interest of society at large.
5. The above said opinion of this Court is justified by the recent judgment in Rajendra Kumar Barjatya v. U.P. Avas Evam Vikas Parishad 1 wherein, the Hon'ble Supreme Court in the larger public interest, issued directions in addition to the directives issued in Re: Directions in the matter of demolition of structures. Relevant for the purpose of this case are:
(iv) All the necessary service connections, such as, Electricity, water supply, sewerage connection, etc., shall be given by the service provider / Board to the buildings only after the production of the completion / occupation certificate.
(v) Even after issuance of completion certificate, deviation / violation if any contrary to the planning permission brought to the notice of the authority immediate steps be taken by the said authority concerned, in accordance with law, against the builder / owner / occupant; and the official, who is responsible for issuance of wrongful completion / occupation certificate shall be proceeded departmentally forthwith.
(vi) No permission / licence to conduct any business / trade must be given by any authorities including local bodies of States /Union 1 2024 SCC Online SC 3767 4 Territories in any unauthorised building irrespective of it being residential or commercial building.
(vii) The development must be in conformity with the zonal plan land usage. Any modification to such zonal plan and usage must be taken by strictly following the rules in place land in consideration of the larger public interest and the impact on the environment.
6. In view of the same, the Writ Petition is disposed of directing petitioner to approach the municipal authorities concerned and apply / obtain occupancy certificate. On producing such a certificate, respondent - TGSPDCL shall consider the case of petitioner for release of electricity connection, in accordance with law. No costs.
7. The miscellaneous Applications, if any shall stand closed.
-------------------------------------- NAGESH BHEEMAPAKA, J 28th July 2025 ksld