HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 20950 OF 2025

O R D E R :

In this Writ Petition, a direction is sought to Respondents – TGSPDCL to provide electricity connection to residential flats in LAQSH Apartments constructed in Plot Nos. 167 and 168, Survey Nos. 39 and 40, Bandlaguda Village, Uppal Mandal, Medchal-Malkajgiri District by extending LT supply to 10 domestic loads in addition to the existing 1 No. 3 PH 5 KW (CAT-VIII, SC No. 1449-01368) without insisting on production of ‘occupancy certificate’ from Greater Hyderabad Municipal Corporation.

2. Petitioner claims to be the absolute owner and possessor of subject property. It is stated, they started construction of building with stilt + 5 upper floors according to the approved sanctioned plan. They have also paid all the requisite fee / charges / challans to the respondents for electricity connection and the same was also provided vide SC No. 1449-01368 for construction purposes. Subsequently, petitioner made a formal Application dated 08.01.2025 to Respondents 2 to 6 for execution of work to provide extension LT supply to 10 domestic loads in addition to the existing one connection, for which, respondents, through their letter dated 31.01.2025 communicated the estimated cost of Rs.2,26,440/- and petitioner promptly deposited the said amount. Despite the same, respondents refused to provide connection solely on the ground of non-submission of occupancy certificate. It is also stated, petitioner applied for such certificate from GHMC which is currently pending. Hence, the Writ Petition.

3. Heard learned counsel for petitioner Sri Rapolu Praveen. He contends that this Court in several Writ Petitions directed respondents to release power supply to the premises of petitioner therein subject to compliance with the terms and conditions and on furnishing an undertaking to produce the occupancy certificate from the Municipal Corporation concerned within a prescribed period and if no such occupancy certificate is produced within the stipulated period, it is open to respondents to take appropriate action in accordance with law. Hence, similar order may be passed even in this Writ Petition also.

4. Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL submits that based on the above order, the authorities have been releasing power supply, without insisting on production of occupancy certificate and on the assurance given by the parties that they would furnish the said certificate at a later date, however, they are not turning up with the certificates at all and enjoying the power supply. Hence, learned Standing Counsel prays to take the said aspect into consideration.

5. Heard Sri G. Madhusudhan Reddy, learned Standing Counsel for GHMC.

6. Evidently, TGSPDCL in their letter dated 31.01.2025 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’. The Corporation also granted building permit dated 21.02.2023 subject to the conditions that public amenities such as water supply, electricity connections will be provided only on production of occupancy certificate. Petitioner, without questioning the said condition, cannot seek indulgence of this Court now.

7. Though learned counsel for petitioner places strong reliance on various orders, with great respect, 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 and the parties are applying for building regularisation scheme for legalising the said unauthorised structures and the civic body is not able to touch these structures. 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.