Telangana High Court Deprecates Regularization Of 'Unscrupulous' Illegal Structures; Denies Power Supply Without Occupancy Certificate

The Telangana High Court recently denied power supply to a property owner who had not filed occupany certificate but had relied on previous orders where court had directed the authorities to release power to concerned party on undertaking to produce the certificate from the Municipal Corporation within a prescribed period.Stating that this is a case of "misuse" of liberty given to parties, the court directed that electricity connection will not be released to the Petitioner until he produces the occupancy certificate.The court was hearing a plea wherein the petitioner, a property owner of a multi-story building in Himayath Nagar, Hyderabad had sought direction to the Telangana State Southern Power Distribution Company Limited (TGSPDL) to provide power supply, without insisting on production of occupancy certificate from Greater Hyderabad Municipal.Justice Nagesh Bheemapaka in his order observed that though the petitioner's counsel had placed reliance on several orders however the court showed its inclination to take a departure from previous rulings.It said, “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.” It observed that property owners are applying for building regularization scheme for legalizing the said "unauthorized structures", and the civic body is unable to touch these structures. It thus said: “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 Court further referred to Supreme Court's decision in Rajendra Kumar Barjatya v. U.P. Avas Evam Vikas Parishad (2024) wherein keeping the large public interest in mind the apex court had decided that,“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".The Supreme Court had further said that even after issuance of completion certificate, if any violation contrary to the planning permission is brought to the notice of the authority immediate steps must be taken by the authority as per law "against the builder/owner/occupant" and official who is responsible for issuance of wrongful completion/occupation certificate."In view of the law laid down by the Hon'ble Supreme Court making production of occupancy certificate / completion certificate as condition precedent for releasing power supply and also in view of the rampant misuse of the liberty granted by this Court to the parties on several occasions, with regard to non- insistence of Occupancy Certificate, this Court takes serious note of the situation," it said. BackgroundAdv Sri Mohd. Habeebuddin appearing for the petitioner's contended that this Court in several prior Writ Petitions had directed the respondents to release power supply to the petitioners subject to compliance with the terms and conditions, with an additional undertaking from the petitioners that they would produce the occupancy certificate from the Municipal Corporation concerned within a prescribed period, failing to do so the respondents may resort to appropriate action in accordance with law. It was pleaded that a similar direction, maybe ordered in the present case also.Represented by Standing Counsel Sri N. Sreedhar Reddy, the TGSPDCL countered that the past relaxations stating that most beneficiaries, despite repeated assurances had failed to submit the OC once the power is supplied. Additionally, TGSPDCL in their letter dated 07.01.2025 addressed to petitioner specifically mentioned that “no service connection shall be released for multi-storied buildings / complexes greater than 10 meters in height unless occupancy certificate from the authorities concerned is produced”.Disposing of the petitioner's plea, the High Court directed the petitioner to approach the municipal authorities concerned, first for necessary occupancy certificate. After the production of the certificate, the TGSPDCL shall consider the case of petitioner for release of electricity connection as per law, it said. Click Here To Read/Download Order

Telangana High Court Deprecates Regularization Of 'Unscrupulous' Illegal Structures; Denies Power Supply Without Occupancy Certificate

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