The Electricity Act, 2003 does not mandate a completion certificate for providing electricity service connection.

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. 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:-