Jain Housing and Constructions Limited, Rep. by its Vice President R. Vasudevan v. Tamil Nadu electricity Board, Represented by its Chairman
2014-06-24
C.S.KARNAN
body2014
DigiLaw.ai
Judgment : The short facts of the case are as follows:- 1. The petitioner submits that his company had proposed to develop the property comprised in Survey No.308/2, T.S.No.11/1A, Block No.25, Ward 'B' of Zamin Pallavaram Village, Pallavaram, Dharga Road, Chennai, to an extent of stilt floor + 3 floors + 4th floor (part) comprising 16 dwelling units and accordingly had secured the planning permission and building permission from the Chennai Metropolitan Development Authority, the fifth respondent herein and the Pallavaram Municipality respectively. The fifth respondent herein, C.M.D.A., in planning permit File No.B1/12455/2011, dated 27.08.2013 had accorded planning permission and the Pallavaram Municipality had accorded building permission in BL.No.697/13/F1, dated 18.10.2013 for constructions of the aforesaid building put up in the subject property. 2. The petitioner further submits that the planning permit is issued for the construction of stilt + 3 floors + 4th floor (part) comprised in Survey No.308/2, T.S.No.11/1A, Dharga Road, Zamin Pallavaram, Pallavaram Chennai -600 047. The entire construction was over as early as February 2014 and the petitioner has been approaching the respondents 2 to 4 seeking them to provide electricity service connection to the subject property. They have been approaching the authorities / respondents 2 to 4 right from the month of March 2014 with application duly filled in, seeking electricity service connection to the subject property. 3. The petitioner further submits that there are no major deviations or violations in the constructions. On account of introduction of drainage system in the locality by the Local body, the petitioner could not provide sewerage treatment plant in the site, as otherwise, they are fully fit with necessary arrangements to have the sewerage line to be connected with the main sewerage line, at the instance when the local body commences the work of providing sewerage line in the said locality. The petitioner further submits that the C.M.D.A. has declined to issue the completion certificate, still worse, had not entertained his application seeking completion certificate, which is unfair. The petitioner could not be put to task on account of the non-commencement of the main sewerage line by the local body. As stated above, the petitioner had approached the respondents 2 to 4 with application for providing electricity service connection to the entire building put up at Survey No.308/2, T.S.No.11/1A, Block No.25, Ward 'B' of Zamin Pallavaram Village, Pallavaram, Dharga Road, Chennai. 4.
As stated above, the petitioner had approached the respondents 2 to 4 with application for providing electricity service connection to the entire building put up at Survey No.308/2, T.S.No.11/1A, Block No.25, Ward 'B' of Zamin Pallavaram Village, Pallavaram, Dharga Road, Chennai. 4. The petitioner further submits that the respondents 2 to 4 of late, had declined to receive or to consider his application for providing electricity service connection to the building put up but simply insisted upon production of completion certificate obtained from the planning authorities. The insistence upon completion certificate from the fifth respondent is contrary to the provisions of Electricity Act and their circular since nowhere under the Act or Regulations such contingency contemplates. The respondents 1 to 4 insisted upon completion certificate from the planning authorities pursuant to the directions passed by the Division Bench of this Court in the year 2006 in regularization batch cases. However, the very same Division Bench in several writ petitions issued directions to the Electricity Board authorities to provide electricity service connection for the new constructions without production of completion certificate by considering the nature of deviations as minor and negligible. 5. The petitioner further submits that the present building is without any floor violation and the set back deviations are minor and negligible and hence, the respondents 1 to 4 should be directed to consider application submitted by him and provide electricity service connection without completion certificate for the building put up at Survey No.308/2, T.S.No.11/1A, Block No.25, Ward 'B' of Zamin Pallavaram Village, Pallavaram, Dharga Road, Chennai. In the instant case, the building put up is eligible and entitled for electricity service connection and if at all there has been any violations or deviations, the same could be set right by the petitioner through a revised plan. Equally, the statute provides appropriate remedial measures to check any variations in the constructions put up by any person. 6. The petitioner further submits that under identical circumstances, this Court issued similar directions to the respondents 1 to 4 to provide electricity service connection without demanding completion certificate by order dated 30.04.2013 in W.P.No.11649 of 2013.
Equally, the statute provides appropriate remedial measures to check any variations in the constructions put up by any person. 6. The petitioner further submits that under identical circumstances, this Court issued similar directions to the respondents 1 to 4 to provide electricity service connection without demanding completion certificate by order dated 30.04.2013 in W.P.No.11649 of 2013. Hence, the petitioner has approached the fourth respondent in the month of March 2014 to consider his application for providing electricity supply, but they have refused to consider and receive his application for providing electricity service connection, unless, he encloses the no objection certificate / completion certificate from the fifth respondent. Since at present, the entire constructions put up is availing a temporary connection with commercial tariff, which is exorbitant and unaffordable, the present writ petition has been filed and a direction has been sought to be given to the respondents 1 to 4 to provide normal domestic electricity service connection, without insisting on completion certificate from the fifth respondent. Hence, the writ petitioner has sought direction to the respondents 1 to 4 to receive his application and consider the same and to provide electricity service connection to the building and for the common areas of the building put up by the petitioner at Survey No.308/2, T.S.No.11/1A, Block No.25, Ward 'B' of Zamin Pallavaram Village, Pallavaram, Dharga Road, Chennai, without insisting upon completion certificate / No objection certificate from the fifth respondent-Chennai Metropolitan Development Authority. 7. The second respondent has filed a counter statement on behalf of other respondents 1, 3 and 4 who are attached to the Tamil Nadu Electricity Board. The second respondent further submits that the writ petitioner herein has applied for new service connection on 09.05.2014 to the construction at Block No.25, Ward 'B' of Zamin Pallavaram Village, Pallavaram, Dharga Road, Chennai-600 043, and requested for the new service connection to the above said premises and the same was sanctioned on 19.05.2014 on the undertaking given by the writ petitioner that he would produce completion certificate shortly before effecting the service connection.
The second respondent further submits that pursuant to the order of the Hon'ble First Bench, a High Level Committee had been constituted and as per the recommendations of the High Level Committee, the electricity service connection shall not be granted without the production of the Completion Certificate / No Objection Certificate from the C.M.D.A. in case of a special building and multi-storied building. Consequent to the recommendation of the high level committee, the Development Control Rules had also 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 C.M.D.A in case of special building and multi-storied building and hence, in the case of the above writ petitioner, the electricity service connection shall not be granted without the production of the Completion Certificate obtained from the C.M.D.A, as the petitioner's building is a multi storied building consisting of Stilt + 3 Floors and Stilt + 4 Floor (part) comprising 16 dwelling units and accordingly had secured the planning permission and building permission from CMDA the fifth respondent herein and the Pallavaram Municipality for the residential building and hence, the writ petitioner was instructed to submit the application in the proper format along with the necessary required documents and the Completion Certificate / No Objection Certificate obtained from CMDA. 8. The second respondent submits that on enquiry of the writ petitioner, the fourth respondent Assistant Executive Engineer, TANGEDCO, Pallavaram, Chennai-600 043 had insisted the Production of Completion Certificate / No Objection Certificate from the fifth respondent CMDA since it is stated by the writ petitioner that the electricity connection requested is for the building which is a multi storied building consisting of stilt + 3 and stilt + 4 Floors with 16 dwelling units, residential building and hence, as per the provisions of the Development Control Rules, the writ petitioner has to produce the Completion Certificate / No Objection Certificate obtained from the CMDA so as to get the electricity supply and the TANGEDCO cannot consider request of the writ petitioner without submitting application in a proper format along with the necessary required documents and Completion Certificate / No Objection Certificate from CMDA and hence, there is no merit in the above writ petition and hence it was prayed to dismiss the above writ petition. 9.
9. The highly competent counsel, Mr.R.Mohan, appearing for the petitioner submits that the petitioner has constructed, to an extent of stilt floor + 3 floors + 4 Floors (part) comprising 16 dwelling units. The construction had been completed as per the planning permission granted by the fifth respondent herein under Permit No.B1/12455/2011, dated 27.08.2013 and also obtained building permission from the Corporation of Chennai in his proceedings No.697/13/F1, dated 18.10.2013. The entire construction was over as early as in the month of February 2014. There is no major or minor violations or deviations in the said constructed building. Now, the building is ready for occupation. Hence, the petitioner approached the second and fourth respondents to receive the application for providing electricity service connection. Both the respondents insisted the writ petitioner should produce the building completion certificate from the CMDA. Further, the electricity is a basic amenity and therefore, the petitioner is entitled to receive electricity service connection for his buildings as it is his Fundamental and Personal Rights as per Articles 14 and 21 of the Constitution of India. Further, the statutory rules have been framed by the respondents, which are against the present law. Further, the respondents 1 to 4 have no locus-standi to insist the petitioner to produce completion certificate and no objection certificate from the CMDA. The respondents 1 to 4 are bound to give electricity service connection for supply of electricity to the newly constructed building. If any minor deviation is found, it can be rectified as per Rules and Regulations of the fifth respondent. The duty of the respondents 1 to 4 is only to generate and distribute electricity supply for the consumer, who requires it. The petitioner has constructed the building on the strength of planning permission and building permission, which had been granted by the CMDA and Chennai Corporation, after observing all legal formalities. Therefore, the petitioner is entitled to receive electricity service connection from the respondents 1 to 4, without production of completion / no objection certificate of CMDA. In support of his case, the very competent counsel has cited a judgment in W.P.No.11649 of 2013, and the operative portion of which reads as follows:- "4. That apart, a learned Judge of this Court in W.P.No.2219 of 2012, dated 26.07.2012, held that completion certificate is not necessary for providing electricity connection. Para 4 of the said order reads as follows:- "4.
That apart, a learned Judge of this Court in W.P.No.2219 of 2012, dated 26.07.2012, held that completion certificate is not necessary for providing electricity connection. Para 4 of the said order reads as follows:- "4. The respondent No.4 cannot refuse the application moved by the consumer for grant of electricity connection in accordance with the provisions of Electricity Act and Distribution Code for want of completion certificate from the Chennai Metropolitan Development Authority, as Chennai Metropolitan Development Authority can deal with the violation in exercise of powers under the Act." 5. In view of the above, the respondents 1 to 4 are directed to provide electricity service connection to the petitioner's property on the petitioner applying for the same with required documents. The said exercise shall be carried out within a period of four weeks from the petitioner approaches with such application along with documents. However, I make it very clear that the fifth respondent is at liberty to proceed against the construction put up by the petitioner, if there is any deviation in the said constructions." 12. The very competent counsel, Mr.P.Gunaraj appearing for the respondents 1 to 4 have insisted the petitioner to produce no-objection certificate as it is a legal formality. As such, the petitioner has to comply with the said regulation. Further, the no objection certificate is required by law. Hence, the very competent counsel entreats the Court to dismiss the above writ petition. 13. The very competent counsel, Mr.P.Tamilmani, appearing for the fifth respondent submits that the fifth respondent's official had inspected the petitioner's constructed building and observed some defects. The same has been pointed out to the petitioner at the time of inspection. Further, the planning permission and building permission for construction of the land building granted by the fifth respondent and Chennai Corporation had been violated and the construction is still at an incomplete stage. Under the circumstances, the petitioner is not entitled to receive electricity service connection without producing no objection certificate. Further, the construction work is under process and the petitioner had not applied for any completion certificate to the fifth respondent. Without obtaining a completion certificate which is mandatory under Development Regulations 4(5)(a), the petitioner is not entitled to receive electricity service connection. As per Development Regulations 5(a), for special buildings, group development, multi-storeyed buildings and institutional buildings have to strictly follow the said regulations.
Without obtaining a completion certificate which is mandatory under Development Regulations 4(5)(a), the petitioner is not entitled to receive electricity service connection. As per Development Regulations 5(a), for special buildings, group development, multi-storeyed buildings and institutional buildings have to strictly follow the said regulations. The writ petitioner's building comes under the category of multi-storeyed building and as such, he has to produce the no-objection certificate, which is mandatory. 14. On considering the facts and circumstances of the case and arguments advanced by the learned counsels on all sides and on perusing the typed-set of papers and case laws, this Court is of the view that the order passed by the learned Single Judge of this Court in W.P.No.11649 of 2013, dated 30.04.2013, is squarely applicable to this case. Further, if any violation, minor or major deviations or variations are there, the fifth respondent authorities are open to take necessary legal action against the petitioner. As of now, the petitioner has the requisite planning permission and building permission for construction of his building situated at Survey No.308/2, T.S.No.11/1A, Block No.25, Ward 'B' of Zamin Pallavaram Village, Pallavaram, Dharga Road, Chennai. Further, electricity, which is a basic amenity should be provided at once as required by the lawful occupants of the building, as it is their personal and fundamental rights. 15. Therefore, this Court directs the respondents 1 to 4 herein to receive the application of the petitioner and to provide electricity service connection to the petitioner's building and for the common areas of the building put up by the petitioner at Survey No.308/2, T.S.No.11/1A, Block No.25, Ward 'B' of Zamin Pallavaram Village, Pallavaram, Dharga Road, Chennai, within a period of four weeks from the date of receipt of the application, without insisting on completion certificate / no objection certificate. 16. In the result, the above writ petition is allowed. There is no order as to costs.