A. P. Constructions India Private Limited, Rep. by P. S. Sivakumar v. Tamil Nadu Electricity Board, Rep. by its Chairman
2014-06-30
C.S.KARNAN
body2014
DigiLaw.ai
Judgment The short facts of the case are as follows:- 1. The petitioner submits that he is the developer of the property situated at H Block.No.31, Block Nos.Q, R, S, T, U, V, Ward H, Anna Nagar West, Mogappair, Chennai - 600 040, comprised in Old S.No.442(part), T.S.No.28/2, Ward H, Block No.31, Mogappair Village, Chennai-40 and applied for planning permission to construct stilt + 4 floors of residential buildings. Accordingly, the fifth respondent herein, viz., Chennai Metropolitan Development Authority had approved the planning permission for construction of the same through letter bearing No.B3/13819/2011, dated 30.09.2012, and thereafter the Corporation of Chennai accorded building permit for the same in CEBA/CD07/00306/2012, dated 04.07.2012. In accordance with the planning permission, he put up the building thereon. The entire construction was over as early as the month of September 2013. During the course of constructions, in order to suit the owners of the apartments, he submits that there are some minor variations in length and breadth of the building as available site extent differs from patta extent to projections which resulted in minor excess of FSI. There is no floor violations, no usage violations or major set back deviations. The building is almost as per planning permission. As the building is ready for occupation, he approached the third and fourth respondents, viz., the Superintending Engineer and the Assistant Executive Engineer (O & M), to receive the application for providing electricity service connection. The respondents 3 and 4 insisted that he should enclose the completion certificate from the fifth respondent herein for receiving and considering the application. Hence, they refused to receive the application for providing electricity service connection. 2. The petitioner additionally added 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. Anyhow, when he approached the fifth respondent herein with a request for issuance of completion certificate, the fifth respondent officials took their own time in considering the same and simply pointed out the minor variations. The electricity service connection is a basic amenity and without which, he and others cannot occupy the building.
Anyhow, when he approached the fifth respondent herein with a request for issuance of completion certificate, the fifth respondent officials took their own time in considering the same and simply pointed out the minor variations. The electricity service connection is a basic amenity and without which, he and others cannot occupy the building. Hence, the present writ petition has been filed and a direction has been sought to be given to the respondents to receive and provide electricity service connection to the building put up by the petitioner at Old S.No.442(part), T.S.No.28/2, Ward H, Block No.31, Anna Nagar West, Mogappair Village, Chennai-40 and common areas of the property, without insisting upon completion certificate/no objection certificate from the fifth respondent. 3. The very competent counsel, Mr. P. Karl Marx submits that the petitioner had obtained planning permission for the construction of the building situated at Old S.No.442(part), T.S.No.28/2, Ward H, Block No.31, Anna Nagar West, Mogappair Village, Chennai-40, from the fifth respondent, through its proceedings No.B3/13819/2011, dated 30.09.2012 and thereafter the Corporation of Chennai accorded building permit through its proceedings No.CEBA/CD07/00306/2012, dated 04.07.2012. Accordingly, the building has been constructed. Now, the building is ready for occupation. At this juncture, the petitioner had approached the third and fourth respondents herein with necessary application for providing electricity service connection. The respondents had refused to receive the same and also directed the petitioner to enclose the building completion certificate from the Chennai Metropolitan Development Authority. The petitioner had spent huge amount for construction of the said building. Now, the occupants are waiting to occupy the said building. Further, the electricity is a basic amenity. As such, the petitioner and other occupants are entitled to enjoy the same. The learned counsel, in support of his case, had cited a judgment of this Court in W.P.Nos.4267 and 4268 of 2013, wherein, the operative portion 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.
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." The learned counsel had also cited another judgment in W.P.No.18314 of 2013 and the operative portion of the said judgment reads as follows:- 9. In view of the undertaking given by the petitioner, the writ petition is allowed, directing the first respondent to give electricity connection forthwith to the 12th block situated at Jalladianpet Village, Sholinganallur Taluk, off Perumbakkam Main Road, Jalladianpet, Chennai-100, particularly, when the CMDA has filed its inspection report stating that there is no deviation so far as the construction of 12th block is concerned. No costs." 4. The very competent counsel, Mr. P.R. Dilipkumar appearing for the respondents 1 to 4 submits that the completion certificate from the CMDA is required by law for grant of electricity service connection. The fifth respondent is the competent authority to inspect the building and after getting report of nil defects, only then the respondents 1 to 4 will consider the petitioner's application for providing electricity service connection. 5. The highly competent counsel, Mr. R. Karthikeyan, appearing for the fifth respondent submits that the writ petitioner himself openly admitted that there are variations in the length and breadth of the building as available site extent differs from patta extent to projections which resulted in minor excess of FSI. If any deviation or violation is found in the said building, then the writ petitioner has no right to claim for electricity service connection. As such, the writ petition is not maintainable. 6. Per contra, the highly competent counsel, Mr.
If any deviation or violation is found in the said building, then the writ petitioner has no right to claim for electricity service connection. As such, the writ petition is not maintainable. 6. Per contra, the highly competent counsel, Mr. P. Karl Marx submits that if the minor violation or deviation is there over the building, the fifth respondent authorities are at liberty to take proceedings against the petitioner. Further, this Court had directed the electricity board, in similar cases, to provide electricity service connection, without insisting on building completion certificate. The said orders have been operated and become final. Against the order of this Court in W.P.Nos.4267 and 4268 of 2013, dated 13.03.2013 and W.P.No.18314 of 2014, dated 26.08.2013, the respondents had not challenged the same and also followed the judicial order. 7. On considering the facts and circumstances of the case and arguments advanced by the learned counsels on all sides and on perusing the judgments cited by the learned counsel for the petitioner, this Court is of the view that the petitioner had constructed the building after obtaining planning permission and building permission from the fifth respondent and Chennai Corporation. As such, the construction put up is an authorized one. If any violation or deviation is there in the said building, the fifth respondent is at liberty to take legal proceedings against the petitioner. The electricity service connection sought for by the petitioner is an essential one and is also a basic amenity and as such, the same should be provided at once to the petitioner's buildings, without insisting on completion certificate from the fifth respondent. Hence, this Court directs the respondents 1 to 4 herein to receive and consider the application of the petitioner and to provide electricity service connection to the building and common areas of building put up by the petitioner at Old S.No.442(part), T.S.No.28/2, Ward H, Block No.31, Anna Nagar West, Mogappair Village, Chennai-40, without insisting upon completion certificate/no objection certificate from the fifth respondent and to provide electricity service connection within 30 days from the date of receipt of application from the petitioner. 8. With the above direction, the writ petition is disposed of. There is no order as to costs.