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2014 Supreme(Mad) 1849

High Court of Judicature at Madras
C.S. KARNAN, J.
Bala Abirami Builders & Developers (P) Ltd., Rep. by its Director, Chennai
Versus
Tamil Nadu Electricity Board, Represented by its Chairman, Chennai & Others
W.P.No.15561 of 2014
Decided On : 04-07-2014

Advocates Appeared:
For the Petitioner:D.S. Raja Sekaran, Advocate.
For the Respondents:R1 to R4, P. Gunaraj (TNEB), R5, Karthikeyan (CMDA), Advocates.

Headnote:

Electricity Connection - Building Construction - Electricity Act, 2003 (Central Act 36 of 2003) - Section 43 - Regulation 27 (16)(a) of the Distribution Code 2004 - Development Control Rules - [Section 43, Regulation 27 (16)(a) of the Distribution Code 2004] - The court discussed the demand of completion certificate/no objection certificate from the CMDA for providing electricity service connection. It referred to the observations made by the Hon'ble Division Bench and the amendments in the Development Control Rules. The court highlighted the inconsistency with the Central Act and the judgments passed in similar cases, ultimately allowing the writ petition without insisting on the production of completion certificate/no objection certificate from the CMDA.

Fact of the Case:

The petitioner, a property developer, sought electricity service connection for a building constructed in accordance with sanctioned plans. The Tamil Nadu Electricity Board refused to receive the application without a completion certificate/no objection certificate from the CMDA, citing amendments in the Development Control Rules.

Finding of the Court:

The court found that the demand for a completion certificate/no objection certificate from the CMDA for electricity service connection was unjustified, citing previous judgments and the inconsistency with the Central Act. It allowed the writ petition without insisting on the production of the certificate.

Issues: The main issue was the demand for a completion certificate/no objection certificate from the CMDA by the Tamil Nadu Electricity Board for providing electricity service connection.

Ratio Decidendi: The court held that the demand for the certificate was unjustified, citing inconsistency with the Central Act and previous judgments, and allowed the writ petition without insisting on its production.

Final Decision: The court directed the respondents to receive, process, consider, and accord electricity connection to the building without insisting on the production of completion certificate/no objection certificate from the CMDA, within 15 days from the date of receipt of the application.

Judgment :

1. The short facts of the case are as follows:-

The writ petitioner submits that he is the developer of the property bearing Survey Nos.104/206 and 104/207 of Okkiyam Duraipakkam Village. Further, he had applied and obtained sanction plan from the fifth respondent herein / CMDA, vide permit No.6807, file No.B2/4779/2011, dated 10.10.2011 for construction of stilt + 4 floors of residential buildings with 12 dwelling units. He had also obtained building permit from the Chennai Corporation on 22.03.2012, vide permit No.CEBA/CD/15/00140/2012, and had accordingly commenced and completed the constructions in accordance to the said sanctioned plan. In order to effect electricity service connection, when he had approached the office of the fourth respondent with application and necessary charges, the fourth respondent insisted upon production of completion certificate/no objection certificate from the fifth respondent to even receive his application and accordingly, refused to receive the same.

2. The petitioner was made to understand that the Tamil Nadu Electricity Board / respondents 1 to 4 are demanding completion certificate from the CMDA, due to an observation made by the Hon'ble Division Bench of this Court in a case initiated by consumer action group and others against the regularization scheme of the Chennai Metropolitan Development Authority. The petitioner additionally added that but for that observation by the Hon'ble Division Bench, there is no corresponding legislative enactment or amendment in the Electricity Act, warranting or justifying such a demand of completion certificate / no objection certificate from the CMDA. In fact, earlier in the year 2002, there was a State Amendment to demand completion certificate / no objection certificate for effecting electricity service connection, but later the same was withdrawn vide G.O.Ms.No.112 Energy (B1), dated 05.07.2004, whereby, the Tamil Nadu Electricity Board was directed not to insist on completion certificate / no objection certificate from the CMDA with effect from 10.06.2003 as the said condition was inconsistent and contrary to the Central Act as the electricity supply is in the concurrent list of the Indian Constitution.

3. The petitioner further submits that at present, the Tamil Nadu Electricity Board started demanding completion certificate / no objection certificate for providing service connection without any such specific amendment to the enabling provision, viz., Section 43 of the Electricity Act, 2003 (Central Act 36 of 2003). The subject building is strictly in accordance with the sanctioned plan accorded and in conformity to the exemption stipulated under the balcony size in the first floor level and slight corresponding excess in the floor space, as per the Rules enacted by the CMDA. The petitioner additionally added that but for the above said facts, there is no major floor violation or excess in FSI nor any difference in usage building, warranting denial of power supply as held by the same Division Bench in W.A.No.1102 of 2007, in appeal filed by the Tamil Nadu Electricity Board, whereby the said appeal was dismissed as the deviations complained are minor in nature in the absence of floor violation by order dated 04.09.2007.

4. The petitioner further submits that following the Division Bench of this Court, this Court was pleased to consider several writ petitions after perusing the inspection report of the CMDA, depending upon the nature of deviations at the time of considering their applications for completion certificate and one such recent order was passed in W.P.No.5661 of 2013, dated 20.04.2013. Even in the decision rendered by this Court in W.P.No.2219 of 2012, dated 26.07.2012 and in W.P.No.3848 of 2012, dated 01.08.2012, this Court was pleased to decide against the Tamil Nadu Electricity Board, that in the absence of such provisions under their Act and Distribution Code, they are not justified in making a demand of completion certifica










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