Developers/colonizers are obligated to comply with the requirements of the Supply Code 2014, including bearing the cost of local distribution system and system loading charges, before handing over the management of electricity distribution to the distribution licensee.

JUDGMENT :

ANIL KSHETARPAL, J.

1. Through this writ petition, filed by two separate companies having a common management, the following substantive reliefs have been sought:-

“(i) Summon the entire record of the case. Issue of writ in nature of Mandamus directing the respondent no. 1 to release the electricity connections to the residents of the colonies established/built by the petitioners as in relation to two colonies namely Garden Enclave Extension-1 and Garden Enclave Extension I the petitioners have already completed the installation of L.D. system and as far as the remaining colonies, wherein NOCS have been issued by Corporation, are concerned the petitioners are ready to deposit the bank guarantee in relation to incomplete L.D. system as per the letter dated 06.06.2019 (Annexure P-22).

(ii) With further prayer for issuance of writ in the nature certiorari for quashing the letter dated 15.01.2018 (Annexure P-16) and 22.08.2019 (Annexure P-20) whereby the respondents in a completely illegal and arbitrary manner has directed the petitioners to obtain the NOC from respondent no. 1 afresh by treating six different approved colonies as one and by considering their combined load under Punjab State Electricity Commission (Electricity Supply Code and Related Matters Regulations 2014, whereas, these regulations are not applicable to the colonies of the petitioners as different colonies set up by the petitioner were approved by way of separate schemes and orders between 2002 to 2006 and all the six colonies were separately registered by the PUDA/Competent Authority under PAPR Act, 1995 and separate NOCS were already granted by the respondent no. 1 earlier i.e. between 2007 to 2008.”

In the considered opinion of this Bench, the question which arises for consideration is:-

“If the Electricity Distribution licensee gives No Objection Certificate to set up a colony under Section 5 of the Punjab Apartment and Property Regulation Act, 1995 (hereinafter referred to as ‘the Regulation Act, 1995’) then subsequently, whether it is bound to supply the power/electricity under the Supply Code applicable at the time of issuance of the NOC irrespective of the time/period which has elapsed from the date of issuance of the NOC to the completion of the colony?”

FACTS

2. The petitioners are developers and colonizers. They got the approval/licence to develop various contiguous pieces of vacant land. The first project i.e. Garden Enclave with respect to land measuring 49.78 acres was approved on 04.01.2002 by the Punjab Urban Development Authority (hereinafter referred to as PUDA) for carving out 513 residential plots. Thereafter, on 28.07.2003, the petitioners got the approval of the second project i.e. “Garden Enclave Extension-I” with respect to the land measuring 18.83 acres. Subsequently, on the application of the petitioner, PUDA granted approval to develop 4.84 acres of land vide a communication dated 10.09.2004. Thereafter, on 30.06.2006, the fourth project i.e. ‘Impact Park’ comprising an area of 8.84 acres was approved by the PUDA. Thereafter, on 11.08.2006, the fifth project under the name of ‘Impact Estates’ with respect to a land measuring 9.64 acres was also approved by the PUDA. Lastly, petitioner no. 2 also got an approval to develop a project (Garden Estates) with respect to a land measuring 9.04 acres, on 14.08.2006.

2.1 The respondents in their written statements have tabulated the aforesaid information which is extracted as under:-