CWP No.23009 of 2019

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CWP No.23009 of 2019(O&M)

Date of Decision:07.04.2021

M/S IMPACT PROJECTS PRIVATE LIMITED

AND ANOTHER

...Petitioners

Versus

PUNJAB STATE POWER CORPORATION LIMITED

AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Gurminder Singh, Sr. Advocate with

Mr. J.S.Gill, Advocate,

for the petitioners.

Mr. Naveen S. Bharadwaj, Advocate

for the respondents.

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. i. 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 LD 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 LD

system as per the letter dated 06.06.2019 (Annexure

NARESH KUMAR

2021.05.05 10:35

I attest to the accuracy and

integrity of this document

Chandigarh

CWP No.23009 of 2019

-2-

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

NARESH KUMAR

2021.05.05 10:35

I attest to the accuracy and

integrity of this document

Chandigarh

CWP No.23009 of 2019

-3-

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'