Madras High Court
N.Ganesh Nataraj vs The Tamil Nadu Generation And on 10 December, 2014
Author: C.S.Karnan
Bench: C.S.Karnan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CAV ON 10/06/2014
DATED: 10/12/2014
CORAM
THE HONOURABLE MR.JUSTICE C.S.KARNAN
W.P.No.7501 of 2014
1.N.Ganesh Nataraj
2.G.Kalavalli ... Petitioners
vs.
1.The Tamil Nadu Generation and
Distribution Corporation (TANGEDCO),
rep.by it's Chairman,
No.800, Anna Salai, Chennai-2.
2.The Superintending Engineer,
The Tamil Nadu Generation and
Distribution Corporation (TANGEDCO),
C.E.D.C/South, Ashok Nagar,
Chennai-78.
3.The Executive Engineer (O & M),
The Tamil Nadu Generation and
Distribution Corporation (TANGEDCO),
C.E.D.C/South, TANGEDCO Complex,
K.K.Nagar, Chennai-78.
4.The Assistant Executive Engineer (O & M)
The Tamil Nadu Generation and
Distribution Corporation (TANGEDCO)
C.E.D.C/South, K.K.Nagar,
Chennai - 78.
5.Chennai Metropolitan Development Authority,
rep.by it's Member Secretary,
No.1, Gandhi-Irwin Road,
Egmore, Chennai-600 008. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus directing the respondents 1 to 4 to receive, process, consider and accord electricity service connection for the petitioners' Door Nos.51 and 52, Kodambakkam Road, (facing Jawaharlal Nehru Salai 100 feet inner ring road), Vadapalani, Chennai-26 in accordance with law and without insisting on production of completion certificate/no objection certificate from the fifth respondent or any other planning authorities concerned.
For Petitioners : Mr.E.Martin Jaya Kumar
For Respondents : Mr.P.Gunaraj
Standing Counsel for TNEB
for R1 to R4
Mr.A.Kumar
Standing Counsel for CMDA for R5
* * * * *
O R D E R
The prayer in the writ petition is for issuance of a writ of mandamus to direct the respondents 1 to 4 to receive, process, consider and accord electricity service connection for the petitioners' premises bearing Door Nos.51 and 52, Kodambakkam Road, (facing Jawaharlal Nehru Salai, 100 feet inner ring road), Vadapalani, Chennai-26, in accordance with law and without insisting on production of completion certificate/no objection certificate from the fifth respondent or any other planning authorities concerned.
2. The short facts of the case are as follows:
The petitioners submit that they are the owners of the premises bearing Door Nos.51 and 52, Kodambakkam Road, (facing Jawaharlal Nehru Salai 100 feet inner ring road), Vadapalani, Chennai-26. They constructed a building consisting of Basement+Ground+3 Floors for restaurant-cum-service apartment therein, after obtaining necessary sanction from the fifth respondent vide order dated 04.12.2011. Thereafter, during November, 2013, they approached the respondent Electricity Board seeking electricity service connection to the said premises with all statutory formalities and requirements. The respondents 3 and 4, at the instruction of the respondents 1 and 2, insisted them on production of completion certificate from the fifth respondent for even receiving the application and accordingly refused to entertain the same.
3. Further, they submit that the demand of completion certificate/no objection certificate from the fifth respondent is by the directions made by this Court in a batch of cases, whereby completion certificate/no objection certificate from C.M.D.A., was to be mandated for power supply, water and sewerage etc. However, there is no corresponding legislative enactment mandating such a demand of completion certificate/no objection certificate for power service connection. On the contrary, the Board is vested with the statutory duty under Section 43 of the Electricity Act that they should supply power on request within 30 days from the date of application and they cannot deny the same for any reason all over India except the notified area. Their building is strictly in accordance with the sanction plan and there is no floor violation or excess in floor space index or set back space violation or any sort of major violation, warranting denial of power supply by the respondent Electricity Board, but, the fifth respondent did not consider issuance of completion certificate, even if there are minor deviations as per the norms of the monitoring committee constituted by the Government as per the directions given by this Court. Therefore, they are stranded for want of power supply, due to such unjustified and extra-ordinary demand of completion certificate/no objection certificate from putting the building into use. Admittedly, completion certificate from the fifth respondent is necessary to occupy the building, but the same cannot be demanded for providing basic amenity in the absence of any statutory provision and the same is infringement of the fundamental rights guaranteed under the Constitution of India. The fifth respondent, while considering forfeiture of security deposit, confirmed that there are no structural violations or deviations in their property, but for some minor excess in office area as against the sanctioned area, which is only interior and due to inclusion of common area and lobby and other open to sky spaces, which are specifically exempted in calculating the floor space index.
4. They further submit that in similar circumstances, this Court, in W.P.No.18170 of 2010, directed the Electricity Board to consider application for effecting power supply, without insisting on production of completion certificate/no objection certificate and granted liberty to C.M.D.A., to consider the nature of deviations at the time of issuance of completion certificate. Therefore, they have filed this writ petition seeking the relief as stated above.
5. The fourth respondent filed his counter affidavit stating that pursuant to the order passed the Division Bench of this Court, a High Level Committee had been constituted and as per the recommendations of the said High Level Committee, the electricity service connection shall not be granted without the production of completion certificate/no objection certificate from the fifth respondent in case of special building and multi-storied building and consequent to the recommendation of the High Level Committee, the Development Control Rules have been amended and as per the amended provisions of the development control rules, the electricity service connection shall not be granted without the production of completion certificate obtained from the fifth respondent in case of special building and multi-storied building and hence in this case the electricity service connection shall not be granted without the production of completion certificate obtained from the fifth respondent as the petitioners' building is a multi-storied building consisting of stilt+3 floors, residential building with 12 dwelling units.
6. Further, he submits that on the inspection made by him, it had been found that the building in question, where the service connection is sought for is a multi-storied building consisting of stilt+3 floors, residential building with 12 dwelling units and hence as per the provisions of the Development Control Rules, the petitioner has to produce the completion certificate/no objection certificate obtained from the fifth respondent so as to get the electricity supply and hence there is no merit in this writ petition and the same is liable to be dismissed in limine.
7. The highly competent counsel Mr.E.Martin Jaya Kumar appearing for the petitioners submits that they are the owners of the property bearing door Nos.51 and 52, Kodambakkam Road, Vadapalani. They have constructed building over the land consisting of basement, ground and 3 floors after obtaining permission from the fifth respondent herein. They had approached the Electricity Board for getting service connection. The respondents 1 to 4 have insisted on the petitioners to provide no objection certificate from the fifth respondent. The highly competent counsel further submits that there is no floor violation or excess in floor space index or set back space violation. Therefore, the petitioners are entitled to receive service connection.
8. The highly competent counsel Mr.P.Gunaraj appearing for the respondents 1 to 4 submits that this Court's First Bench had directed the respondents to constitute a High Level Committee. Accordingly, the High Level Committee recommended them not to provide electricity service connection without production of No Objection Certificate from the fifth respondent. As such, the petitioners are not entitled to receive service connection.
9. The highly competent counsel Mr.A.Kumar appearing for the fifth respondent submits that the senior planner who is attached to the fifth respondent had stated that the fifth respondent had inspected the premises and pointed out that major violations have been committed by the petitioners. As such, the petitioners are not entitled to get electricity service connection.
10. On considering the facts and circumstances of the case and arguments advanced by the highly competent counsels on all sides and on perusing the typed-set of papers, this Court is of the view that in a similar case, already considered by this Court, relief was granted to the petitioners on condition that the fifth respondent / CMDA is at liberty to initiate legal action, if any violation is found over the building. As such, the above writ petition is allowed and this Court directs the respondents 1 to 4 to provide electricity service connection without insisting on No objection Certificate. Further, CMDA is at liberty to initiate legal action against the petitioners, if any violation is found, as per the Inspection Report.
11. Accordingly, the above writ petition is allowed. There is no order as to costs.
10/12/2014
Index : Yes
Internet : Yes.
r n s
To
1.The Chairman,
The Tamil Nadu Generation and
Distribution Corporation (TANGEDCO),
No.800, Anna Salai, Chennai-2.
2.The Superintending Engineer,
The Tamil Nadu Generation and
Distribution Corporation (TANGEDCO),
C.E.D.C/South, Ashok Nagar,
Chennai-78.
3.The Executive Engineer (O & M),
The Tamil Nadu Generation and
Distribution Corporation (TANGEDCO),
C.E.D.C/South, TANGEDCO Complex,
K.K.Nagar, Chennai-78.
4.The Assistant Executive Engineer (O & M)
The Tamil Nadu Generation and
Distribution Corporation (TANGEDCO)
C.E.D.C/South, K.K.Nagar,
Chennai - 78.
5.The Member Secretary,
Chennai Metropolitan Development Authority,
No.1, Gandhi-Irwin Road,
Egmore, Chennai-600 008.
C.S.KARNAN, J.
r n s
Pre-Delivery Order in
W.P.No.7501 of 2014
10 /12/2014