Mule Ramanamma W/O Sri. Mule Chenna Reddy v. Commissioner Bescom
2020-11-13
P.S.DINESH KUMAR
body2020
DigiLaw.ai
ORDER : Heard Shri Pramod, learned Advocate for petitioner, Shri H.Shanthi Bhushan, learned Advocate for respondents No.1 & 2 and Shri S.N.Prashanth Chandra, learned advocate for respondent No.4. 2. Petitioners have presented this writ petition for a direction to respondents to provide electricity connection to petitioners’ house situated in Site No.38, Dommalur Layout I Stage, Hutting Colony, Bengaluru. 3. Shri Shanthibhushan for the BESCOM raised a preliminary objection that petitioners have presented two distinct building plans produced as Annexures-R1 and R9. The plan sanctioned by the BBMP is Annexure-R1 which permits the petitioner to construct ground plus two upper floors. The plan given to the BESCOM authorities purportedly permits petitioner to put up ground plus four upper floors. It is not sanctioned by the BBMP. Petitioner has admittedly constructed Ground plus four upper floors in gross violation of sanctioned plan. Therefore, power connection cannot be provided. He also relied upon Circular dated 03.07.2020 (Annexure-R13) issued by the Government of Karnataka to stop power connection to unauthorized constructions. 4. In support of his submission, Shri Shanthi Bhushan relied upon a Division Bench judgment of this Court in W.A.No.1800/2008 decided on 01.12.2008. 5. Shri Pramod for petitioner submitted that issue with regard to deviation in construction of petitioners' building is pending before the Karnataka Appellate Tribunal ('KAT' for short) in appeal No.722/2019. Petitioners have no power connection ever since the date of construction. He prayed that respondents may be directed to provide power at least to ground plus two upper floors which has been sanctioned by the BBMP. 6. I have carefully considered rival contentions and perused the records. 7. As per the submission of learned advocate for petitioner, the issue with regard to deviation in construction is pending before the KAT. Shri Shanthibhushan is right in his submission that Annexure-R1 is sanctioned only for ground plus two upper floors and Annexure-R9 is the plan for construction of ground plus four upper floors. Therefore, it is reasonable to infer that petitioner has prepared Annexure R9 for the purpose of obtaining power connection. 8. In view of admitted position that construction is not in accordance with law and in view of petitioners’ conduct of presenting two different plans to two different authorities, petitioners are not entitled for discretionary relief under Article 226 of the Constitution of India. 9. Hence, this petition must fail and it is accordingly dismissed. No costs.