Telangana High Court Directs Granting Service Connections Only After Production Of Occupation Certificate
The Telangana High Courtwhile observing that the practice of legalizing of unauthorized structures need to be discouraged, has directed that the necessary service connections are to be provided only after the production of an occupation certificate.
The Court was considering a Writ Petition seeking direction to Respondents-TGSPDCL to release power supply to the Petitioner’s property without insisting on the production of the occupancy certificate.
The Bench of Justice Nagesh bheemapaka observed, “Though learned counsel for petitioner places strong reliance on various orders, with great respect, this Court inclines to take a slight departure, for, several buildings are mushrooming after getting approval for a particular plan, thereafter giving a go-by, additional floors are being raised unscrupulously and the parties are applying for building regularisation scheme for legalising the said unauthorised structures and the civic body is not able to touch these structures. This Court cannot be a mute spectator for such unceremonious procedure and does not want to encourage this type of activity in the interest of society at large.”
The Petitioner was represented by Advocate Mohammed Habeerbuddin.
Facts of the Case
The Petitioner, claiming to be the owner of the subject property, stated that they constructed a stilt + five upper floors according to the sanctioned plan as approved by the GHMC. They have also paid all the requisite fee to the Respondents for electricity connection and the same was also sanctioned. But Respondents did not release power supply on the ground that ‘occupancy certificate’ was not submitted, which condition, according to Petitioner, is not mandatory.
Standing Counsel for TGSPDCL submitted that the Authorities have been releasing power supply, without insisting on production of occupancy certificate and on the assurance given by the Parties that they would furnish the said Certificate at a later date; however, they are not turning up with the Certificates at all and enjoying the power supply.
Reasoning By Court
The Court strictly observed that the procedure of legalizing of unauthorized structures needs to be discouraged and thereby directed each other that the necessary service connections are to be provided only after the production of the occupation certificate.
It referred to the recent Supreme Court’s decision in Rajendra Kumar barjatya v. Up avas evam vikas parishad wherein the Court, in the larger public interest, issued directions in addition to the directives issued in Re: Directions in the matter of demolition of structures.
The Court set out the relevant guidelines for the purpose of the present case and asked for its compliance. They are as follows:
(iv) All the necessary service connections, such as, Electricity, water supply, sewerage connection, etc., shall be given by the service provider / Board to the buildings only after the production of the completion / occupation certificate.
(v) Even after issuance of completion certificate, deviation / violation if any contrary to the planning permission brought to the notice of the authority immediate steps be taken by the said authority concerned, in accordance with law, against the builder / owner / occupant; and the official, who is responsible for issuance of wrongful completion / occupation certificate shall be proceeded departmentally forthwith.
vi) No permission / licence to conduct any business / trade must be given by any authorities including local bodies of States /Union Territories in any unauthorised building irrespective of it being residential or commercial building.
(vii) The development must be in conformity with the zonal plan land usage. Any modification to such zonal plan and usage must be taken by strictly following the rules in place land in consideration of the larger public interest and the impact on the environment.
The Petition was accordingly disposed of with direction to the Petitioner to approach the Municipal Authorities concerned first for necessary occupancy certificate.
Cause Title: Mohammed Arif Rizwan vs. State of Telangana