S. Dilip v. Chairman & Managing Director, TANGEDCO
2014-06-24
C.S.KARNAN
body2014
DigiLaw.ai
Judgment C.S. Karnan, J. 1. The short facts of the case are as follows:- The writ petitioner is the owner and Developer of the property situated at S. No. 119/1C, 122/1, 122/2 and 125/1 and as per patta S. No. 119/1C, 122/5, 122/6 and 125/1 of Okkiyam Thoraipakkam Village, Chennai bearing Plot Nos. 53, 54, 55, 56, 60, 61, 62 and 63 of Balamurugan Nagar, Chennai - 600 097. The petitioner had applied for planning permission to construct stilt + 4 floors of residential buildings. Accordingly, the fifth respondent herein has approved the planning permission for construction of the same vide permit No. 7298 and bearing file No. B2/3521/12, dated 17.07.2012 and obtained building permission from the Corporation of Chennai in CEBA/CD15/00369/2012, dated 14.08.2012. 2. The petitioner further submits that in accordance with the planning permission, the petitioner put up the building thereon. The entire construction was over as early as in the month of December 2013. The petitioner further submits that there are no deviations in the building. There is no floor violations, usage violations or any set back deviations. The building is almost as per planning permission except balconies. As the building is ready for occupation, the petitioner approached the third and fourth respondents herein to receive the application for providing electricity service connection. The respondents 3 and 4 insisted that the petitioner should enclose the completion certificate from the fifth respondent herein for receiving and considering the application. Hence, they refused to receive the application. 3. The petitioner further submits that nowhere under the provisions of Tamil Nadu Electricity Act or Regulations do provide for insistence of completion certificate for receiving and considering application for electricity service connection. However, while the petitioner approached the fifth respondent herein with request for issuance of completion certificate, the fifth respondent officials took their own time in considering the same and simply pointed out the minor changes which are not violations at all, as the electricity service connection is basic amenity and without which the petitioner and others cannot occupy the building.
However, while the petitioner approached the fifth respondent herein with request for issuance of completion certificate, the fifth respondent officials took their own time in considering the same and simply pointed out the minor changes which are not violations at all, as the electricity service connection is basic amenity and without which the petitioner and others cannot occupy the building. Hence, the writ petitioner has sought a 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 S. No. 119/1C, 122/1, 122/2 and 125/1 and as per patta S. No. 119/1C, 122/5, 122/6 and 125/1 of Okkiyam Thoraipakkam Village, Chennai bearing Plot Nos. 53, 54, 55, 56, 60, 61, 62 and 63 of Balamurugan Nagar, Chennai - 600 097. 4. The fifth respondent has filed a counter statement and resisted the writ petition. The fifth respondent submits that the petitioner has obtained planning permission for the construction of stilt floor + 4 floors residential building with 28 dwelling units at Plot Nos. 53 to 56 and 60 to 63 (total 8 plots), Balamurugan Street in S. No. 119/1C, 122/5, 122/6 and 125/1 as per patta in Okkidam Thoraipakkam Village, Chennai vide Planning Permission No. B/Spl.Building/270A & B/2012 in letter No. B2/3521/2012, dated 17.07.2012. The fifth respondent further submits that the petitioner has filed this writ petition against CMDA and TNEB, with a prayer to direct Tamil Nadu Electricity Board to provide power supply for the constructed building at Plot Nos. 53 to 56 and 60 to 63; in S. No. 119/1C, 122/5, 122/6 and 125/1 as per patta in Okkidam Thoraipakkam Village, without insisting completion certificate from CMDA. The fifth respondent further submits that based on the writ petition, theconstructed building was inspected on 18.03.2014 by CMDA officials and it was observed that stilt floor + 3 floors + 4th floor (part) residential building with 28 dwelling units has been completed and not occupied and finishing works are under progress and an inspection report was filed. The fifth respondent further submits that, the construction made at site does not satisfy the CC Norms prescribed by the High Court appointed Monitoring Committee in respect of setbacks, size of building, floor space index, number of floors and number of dwelling units.
The fifth respondent further submits that, the construction made at site does not satisfy the CC Norms prescribed by the High Court appointed Monitoring Committee in respect of setbacks, size of building, floor space index, number of floors and number of dwelling units. The violations are as follows:- (i) As on site FSI achieved 2.06 (145.53 Sq. mt) as against approved FSI of 1,946 (with premium FSI) (ii) Non-FSI rooms are not constructed i.e. Meter Room and Drivers Rest Room. (iii) Front side compound wall is not constructed. The Development Regulation 5(a) reads as follows:- "Any person who is acquiring interest shall not put the building to use without obtaining completion certificate from CMDA for Special Buildings, Group Developments, Multi-Storeyed Buildings and Institutional Buildings and such other developments as may be notified by the CMDA from time to time." As such, the writ petitioner has violated the Development Regulations of the Chennai Metropolitan Development Authority. Therefore, this respondent entreats the Court to dismiss the writ petition. 5. The highly competent counsel, Mr. R. Mohan, appearing for the petitioner submits that the petitioner has constructed stilt + 4 floors of residential buildings. The construction had been completed as per the planning permission granted by the fifth respondent herein under Permit No. 7298 and bearing file No. B2/3521/12, dated 17.07.2012 and also obtained building permission from the Corporation of Chennai in his proceedings No. CEBA/CD15/00369 of 2012, dated 14.08.2012. The entire construction was over as early as in the month of December 2013. 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 third 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.
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. Nos. 4267 and 4268 of 2013 and the operative portion of which reads as follows:- "8. Both the writ petitions are, thus orders, directing the respondents 1 to 4 in W.P. No. 4267 of 2013 to provide electricity service connection to the property in question, within four weeks from the date when the petitioner approaches them with an application to provide electricity service connection enclosing all the relevant documents. Respondents 1 and 2 in W.P. No. 4268 of 2013 are directed to provide water and sewerage connection to the property in question, within four weeks from the date when the petitioner approaches them with necessary application form for providing water and sewerage connection enclosing all relevant documents. However, the CMDA authorities are at liberty to take proceedings against the petitioner, if there is any deviation in the construction that has been put up by it." 6. The very competent counsel, Mr. P. Gunaraj appearing for the respondents 1 to 4 submits that the respondents had 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. 7. The very competent counsel, Mr.
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. 7. 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 on 18.03.2014and has observed 3 violations. 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. 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. 8. 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. Nos. 4267 and 4268 of 2013, dated 13.03.2013 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 S. No. 119/1C, 122/1, 122/2 and 125/1 and as per patta S. No. 119/1C, 122/5, 122/6 and 125/1 of Okkiyam Thoraipakkam Village, Chennai bearing Plot Nos. 53, 54, 55, 56, 60, 61, 62 and 63 of Balamurugan Nagar, Chennai - 600 097. 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.
53, 54, 55, 56, 60, 61, 62 and 63 of Balamurugan Nagar, Chennai - 600 097. 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. 9. 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 S. No. 119/1C, 122/1, 122/2 and 125/1 and as per patta S. No. 119/1C, 122/5, 122/6 and 125/1 of Okkiyam Thoraipakkam Village, Chennai bearing Plot Nos. 53, 54, 55, 56, 60, 61, 62 and 63 of Balamurugan Nagar, Chennai 600 097, within a period of four weeks from the date of receipt of the application, without insisting on completion certificate/no objection certificate. 10. In the result, the above writ petition is allowed. There is no order as to costs.