IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Vishranti City Residents Welfare Society – Petitioner
Versus
State of Punjab & Ors. – Respondents
CWP-14927 of 2015(O&M)
Decided On : 16-12-2023
JUDGMENT
Mr. Sureshwar Thakur, J.
Since the issues involved in all the above writ petitions are similar, therefore, the same are taken up together for decision.
2. Vishranti City Residents Welfare Society (RAW), has knocked the door of this Court seeking the making of a mandamus, upon, the official respondents No.1 to 5 thus for providing electricity connection, to the society, in view of the order dated 28.4.2015 (Annexure P-3) passed by respondent No.3.
3. These petitions are pending since 2015 and various interlocutory orders were passed during the pendency of the instant petitions, which were also assailed before the Hon'ble Supreme Court, therefore, to give quietus to the instant issue, it is imperative for this Court to deal with the facts in detail.
4. In the present case, vide order dated 8.10.2012, the licence for development was granted to respondent No.6, by respondent No.3, rather for development of Vishranti City, in the Municipal Committee limits of Zirakpur, vis-a-vis, a total area of 24.50 acres. The licence was valid w.e.f. 8.10.2012 to 7.10.2015. Thereafter, the developer-respondent No.6 carved about 800 plots from the above licensed lands. The members of the petitioner(s)-Society purchased the plots in that colony, which in fact, then was an approved colony.
5. The licence to develop the colony was granted in view of the provisions of Section 5 of the Punjab Apartment and Property Regulation Act, 1995 (hereinafter referred to as 'the PAPRA Act'). It was alleged by the petitioner(s) that at the time of publishing an advertisement, the promoter(s) made promise(s) therein that, it/they would provide the facilities of one underground sewerage, water tank supply, street lights, boundary walls, 24 hours security, park facilities etc. However, the said promise(s) became breached, inasmuch as, after selling the plots to the alienees concerned, no internal or external activities were carried out by respondent No.6-developer, thus leading the petitioner(s) to approach this Court, through its/theirs filing CWP No.15273 of 2014, thus for issuance of a mandamus upon the authority concerned, to provide the electricity connections vis-a-vis their respective households. The above writ petition was disposed of by a Co-ordinate Division Bench of this Court vide order dated 18.12.2014 with a direction to the authority concerned, to consider the application, as filed by the members of the society, for providing electricity connections, in accordance with law, through passing a speaking order but within a period of 3 months. The matter was considered by the authority concerned i.e. respondent No.5- PSPCL and during the hearing of the matter, the developer did not cause an appearance, and, finally the matter was disposed of vide order dated 14.3.2015, by observing that as soon as, the developer or the Deputy Director, Local Government, fulfills the conditions laid down in the final NOC issued by the PSPCL on 25.3.2014, thus the Corporation will proceed further in releasing the electricity connections (emphasis supplied). Similarly, the Regional Deputy Director, Local Bodies Department-cum-competent authority, Patiala/respondent No.3 in compliance of the directions issued by a Co-ordinate Bench of this Court, also considered the matter. During proceedings before the authority (supra), the developer did not cause appearance, which led the authority concerned, to pass the order dated 28.4.2015, thus with the hereinafter extracted directions being carried thereins:-
The court mandated that the developer must complete outstanding works and provide electricity at domestic rates, emphasizing statutory obligations under the PAPRA Act.
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 th....
The court established that the right to electricity is fundamental and cannot be denied based on ownership disputes or pending eviction proceedings.
Electricity cannot be denied based on ownership disputes; distribution licensees have a statutory duty to supply electricity upon valid application irrespective of ongoing eviction proceedings.
The main legal point established in the judgment is that the authority to levy development charges must be in existence at the time of granting permission, and the recovery of the amount of premium o....
The CEO/SRA has the authority to terminate a Developer under Section 13(2) of the Slum Act for delays and non-performance in the Slum Rehabilitation Scheme, emphasizing timely completion for public b....
Development charges for nazul land must be assessed and determined at the time of granting permission, and any subsequent demand based on later government resolutions is not legally valid.
The court ruled that unilateral re-demands for fees post-license surrender constituted unjust enrichment and were not legally enforceable, affirming the integrity of contractual agreements.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.