Telangana High Court
Gaurang Mody, vs The State Of Telangana, on 7 June, 2024
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No. 14244 OF 2024
ORDER:
This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking following prayer:-
"to issue appropriate Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS against the Respondents No. 1 to 4 herein for their inaction and causing inconvenience to the newly constructed Apartment over the land admeasuring Ac.0-39 Gts. in Sy.No.31 situated at Muraharipally Village under Yadaram Gram Panchayath, Shamirpet Mandal, Medchal Malkajgiri District as illegal, arbitrary, against the principles of natural justice and consequently direct the respondent No.3 to release the power supply to the premises of the petitioner subject to the compliance of the terms and conditions of supply and on furnishing an undertaking to produce the Occupancy Certificate from the respondent No.4 within a stipulated period."
2. Petitioner claims to be the owner of the subject property. It is stated that he secured permission for construction of residential building on 17.08.2020 and completed construction as per the approved plan. Petitioner case is that when he applied for electricity connection, the 3rd respondent accorded permission subject to the condition to pay the charges through a single Demand Draft for an amount of Rs.40,55,424/- and it must be received by concern authorities within sixty days from the date of issuance of Demand Draft. Upon receiving the memo-cum- permission letter, he has forwarded an application Form along with Demand Draft for an amount of Rs.49,358/-, dated 2 17.08.2021 with Regd.No.LTM/212430014/10/06/2021 in favour of respondent Nos.2 and 3. Receiving the same, respondent Nos.2 and 3 passed estimated cost calculation sheet and report by confirming estimation.
3. Learned counsel further submits that upon paying the charges, Electricity work was allotted to licensed contractor as per condition No.1 in the permission letter dated 25.09.2023. He submits that civil work including the Electricity work was completed by 15.04.2024 and approached respondent No.3. However, the 3rd respondent instead of providing electricity connection, now, insisting on production of occupancy certificate, which, according to petitioners, is not mandatory.
4. Heard learned counsel for petitioners Sri Goli Viplav Reddy, and Sri R. Vinod Reddy, learned Standing Counsel for TSSPDCL.
5. Evidently, the Corporation granted permission to petitioners for raising 1 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.' TSSPDCL also in their letter dated 25.09.2023, specifically mentioned that 'no service connection shall be released for multi-storied buildings / complexes 3 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, petitioners without questioning the said conditions, cannot seek indulgence of this Court now.
6. Though learned counsel for petitioners places strong reliance on various orders passed by this Court, wherein the respondent - TSSPDCL 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 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.
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7. 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 petitioners for release of electricity connection, in accordance with law. No costs.
8. The miscellaneous Applications, if any shall stand closed.
-------------------------------------- NAGESH BHEEMAPAKA, J 7th June, 2024 Smk