S. Chitra v. Chairman, Tamil Nadu Electricity Board
2014-07-01
C.S.KARNAN
body2014
DigiLaw.ai
Judgment 1. The short facts of the case are as follows:- The writ petitioner submits that she has constructed a building consisting of stilt + 3 floors with 18 dwelling units, after obtaining necessary sanction plan from the Chennai Metropolitan Development Authority, fourth respondent herein under proceedings No. PPA No.B/Spl/BLDG/172/2012, dated 09.05.2012. Accordingly, the building has been constructed. Subsequently, the petitioner had approached the third respondent/Assistant Engineer ( Operation & Maintenance), Tamil Nadu Electricity Board, for new electricity service connection for the said building situated at Survey No.95/3A, 3B, 3C, 3D, 3E, 3F, 3G, 3H, 3I and 95/4B, 4C, 4D, 4E, 4F and 4G of Ramapuram Village, within the limit of Corporation, Chennai. The third respondent insisted her to produce no objection certificate/completion certificate from the fourth respondent. According, she approached the fourth respondent for completion certificate and the same was rejected vide their letter dated 28.06.2013. 2. The petitioner additionally added that she had constructed the said building as per plan sanctioned by the fourth respondent, without any violation or deviation. Further, the said building is ready for occupation and is in a fit condition. If the petitioner had committed any minor deviations, that can be rectified in future course. Further, electricity is a basic amenity. 3. The respondents 1 to 3 have filed a counter statement and opposed the above writ petition. The respondents submit that the Hon'ble First Bench of this Court had constituted a High Level Committee and as per the recommendations of High Level Committee, the electricity service connection shall not be granted without the production of completion certificate/no objection certificate from the CMDA, in case of a special building and multi-storeyed building and consequent to the recommendations 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 CMDA, in case of special building and multi-storeyed building and hence, in the case of the above writ petition, the electricity service shall not be granted without any production of completion certificate from the CMDA, as the building is a multi-storeyed building consisting of stilt and three floors with 18 dwelling units and accordingly, the petitioner herein had secured the planning permission from CMDA, the fourth respondent herein, for the said residential building. 4.
4. The respondents further submit that the writ petitioner was instructed to submit the application in the proper format, along with necessary required documents and the completion certificate/no objection certificate obtained from CMDA since the said building is categorized as special building and multi-storeyed residential building. As such, the writ petitioner has to produce the completion certificate/no objection certificate obtained from the CMDA, so as to get the electricity supply from the respondents 1 to 3 as per the mandatory rules. But so far, the petitioner has not done so. Hence, the respondents pray to dismiss the above writ petition. 5. The highly competent counsel, Mr. R. Karunakaran submits that the petitioner had constructed the building on the strength of sanctioned plan approved by the fourth respondent and the building does not have major violations or deviations. Now, the occupants of the building are waiting for electricity service connection which is a basic amenity. Further, this Court had given similar relief by its order in W.P.Nos.12715 and 12716 of 2013, dated 30.04.2013, which are in force. As per this judgment, the respondents/electricity board had given electricity service connection without insisting on no objection certificate/completion certificate. The operative portion of the judgment is as follows:- "5. No doubt, previously, as per G.O.Ms.253, Public Works Department, dated 18.02.1992, before providing electricity service connection, the said department could insist on completion certificate from the Chennai Metropolitan Development Authority. However, the said Government Order has been cancelled. A new Government Order G.O.Ms.No.112 Energy (B1), dated 05.07.2014 was passed by the Government, in and by which, it is stated that the electricity department cannot insist on completion certificate from the Chennai Metropolitan Development Authority. Paragraph Nos.4 and 5 of the said Government Order are usefully extracted hereunder:- '4. The Government, after careful examination, direct that consequent on coming into force of the Electricity Act, 2003 (Central Act 36 of 2003) with effect from 10.06.2003 and as per Section 43(1) of the said Act, the condition stipulated in G.O.Ms.No.253, Public Works Department, dated 18.02.1992, be cancelled for the purpose of supply of electricity to the prospective consumers. 5.
The Government, after careful examination, direct that consequent on coming into force of the Electricity Act, 2003 (Central Act 36 of 2003) with effect from 10.06.2003 and as per Section 43(1) of the said Act, the condition stipulated in G.O.Ms.No.253, Public Works Department, dated 18.02.1992, be cancelled for the purpose of supply of electricity to the prospective consumers. 5. The Chairman, Tamil Nadu Electricity Board is requested to ensure before effecting supply, that it is sufficient to satisfy, if the owner/occupier of the building has completed the wiring work, and paid the required deposit amount along with the applicable charges and is ready to execute an agreement to abide by the terms and conditions of supply of electricity as may be specified, from time to time, as proposed by him.' 6. That apart, this Court in W.P.No.2219 of 2012, dated 26.07.2012, has held that Electricity Act, 2003 does not contemplate completion certificate for providing electricity service connection. Paragraph No.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.' 7. In view of the above situation position, I direct the respondents 1 to 3 in W.P.No.12715 of 2013 to provide electricity service connection to the petitioner's property without insisting on completion certificate from the Chennai Metropolitan Development Authority. Likewise, the respondents 1 to 3 in W.P.No.12716 of 2013 are directed to provide water and sewerage connection to the petitioner's property without insisting on completion certificate from the Chennai Metropolitan Development Authority. The said exercise has to be carried out within a period of four weeks from the date when the petitioner approaches the competent respondent for providing electricity service connection and water and sewerage connection to the property." 6.
The said exercise has to be carried out within a period of four weeks from the date when the petitioner approaches the competent respondent for providing electricity service connection and water and sewerage connection to the property." 6. On considering the facts and circumstances of the case and arguments advanced by the learned counsels on either side and on taking into account the judgment passed in W.P.Nos.12715 and 12716 of 2013, dated 30.04.2013, this Court directs the respondents 1 to 3 herein to receive the petitioner's application, process it and effect electricity service connection to the petitioner's residential multi-storeyed building situated at Survey No.95/3A, 3B, 3C, 3D, 3E, 3F, 3G, 3H, 3I and 95/4B, 4C, 4D, 4E, 4F and 4G of Ramapuram Village, Chennai, without insisting on completion certificate/no objection certificate from the fourth respondent herein, Chennai Metropolitan Development Authorities, within a period of four weeks from the date of receipt of application from the petitioner. 7. With the above direction, the writ petition is disposed of. There is no order as to costs.