HC declines to order power supply without occupancy certificate submission

Observing that courts cannot be mute spectators to violations like building additional floors deviating from original plans, the Telangana High Court declined to provide power connection to a building in Hyderabad without its owner furnishing the occupancy certificate.

Justice Nagesh Bheemapaka of the HC, disposing of a writ petition seeking a direction to TGSPDCL authorities to give power supply to a stilt plus five-floor building in Himayathnagar, instructed the petitioner to first secure occupancy from the GHMC. Only after production of the occupancy certificate, power supply should be released to that building, the judge said in the order.

The petitioner Mohammed Arif Rizwan’s counsel contended that earlier in several cases the HC directed the authorities to provide power connections if the building owners furnished an undertaking to submit the occupancy certificate at later date. The judge noted that several building owners were giving a go-by to the approved plans and raising additional floors.

Later, they were applying for building regularisation scheme for legalising the deviations while the civic body was unable to take any action. The judge cited a case law in which the Supreme Court said that services like electricity, drinking water and sewerage systems be provided only on submission of occupancy certificate.