A. Iyyapparaj vs The Chairman

C.S. Karnan, J.—The short facts of the case are as follows:-

The petitioner submits that he had constructed a building consisting of stilt + 4 floors with 12 dwelling units of residential building at Plot No. 14, Old Door No. 6, New Door No. 15, Veeraraghavan Street, Nanganallur, Chennai - 600 061, after obtaining sanction from the fourth respondent vide its proceedings No. PPA No. B/Spl/BLDG/252/2013, dated 19.07.2013 and constructed the same. He had approached the third respondent herein / Assistant Engineer (O & M) for electricity service connection to his residential building. The third respondent insisted upon production of no objection certificate / completion certificate from the fourth respondent herein / CMDA. Further, the third respondent advised him to produce the completion certificate / no objection certificate, which was in pursuant to an observation by the Hon''ble Division Bench decision in a regularization batch cases.

The petitioner further submits that the respondents 1 to 3 demanded production of completion certificate, which is an arbitrary one. It was submitted that during the course of construction, there were minor deviation which do not in any manner affect the structural stability or in gross violation of the Development Control Rules and the same has been done for satisfying additional needs of purchasers. Further, the said building is now ready for occupation and the occupants are also waiting for electricity service connection. Further, if there is any violation of the Development Control Rules, it has only been done to satisfy the additional needs of the purchasers. The right to electricity is a fundamental right guaranteed under Article 19(1) of the Constitution of India. As such, the respondents 1 to 3 cannot curb the same.

The second respondent, viz., The Superintending Engineer has filed counter statement and resisted the writ petition. The second respondent submits that pursuant to the order of the Hon''ble First Bench of this Court, a High Level Committee had been constituted and as per the recommendations of the High Level Committee, the electricity service connection shall not be granted without the production of the completion certificate / no objection certificate from the CMDA in case of a special building and multi-storeyed building. It was further submitted that consequent to the recommendation of the High Level Committee, the Development Control Rules has been amended and as per the amended provisions of the Development Control Rules, the electricity service connection shall not be granted without the production of completion certificate obtained from the CMDA, in a case of special buildings and multi-storeyed building. Hence, in the case of the above writ petitioner, the electricity service connection shall not be granted without the production of completion certificate obtained from the CMDA as the petitioner''s building is a multi-storeyed building consisting of stilt + 4 floors with 12 dwelling units as per the planning permission from CMDA, the fourth respondent herein for the said residential building. Hence, the writ petitioner was instructed to submit the application in the proper format, along with the necessary required documents and the completion certificate / no objection certificate obtained from CMDA, since the said building is categorized as special building and multi-storeyed residential building.

The second respondent further stated that on enquiry of the writ petitioner, the third respondent, viz., Assistant Engineer (O & M), TNEB, Nanganallur, Chennai-61 had insisted the production of the completion certificate / no objection certificate from the fourth respondent, viz., CMDA, since it is stated by the writ petitioner that the electricity service connection requested is for a multi-storeyed building consisting of stilt + 4 floors with 12 dwelling units of residential building. Hence, as per the provisions of the Development Control Rules, the writ petitioner has to produce the completion certificate / no objection certificate obtained from the CMDA so as to get the electricity supply and the TANGEDCO cannot consider the request of the writ petitioner without submitting proper application along with the necessary required documents and the completion certificate / no objection certificate from the CMDA and hence, there is no merit in the above writ petition.

The highly competent counsel, Mr.R.Karunagaran submits that the petitioner has constructed the building consisting of stilt + 4 floors along with 12 dwelling units as per building plan sanctioned by the fourth respondent dated 19.07.2013. Accordingly, the building has been constructed without any violation or deviation. While the petitioner approached the third respondent for getting electricity service connection to his residential building, bearing Plot No. 14, Old Door No. 6, New Door No. 15, Veeraraghavan Street, Nanganallur, Chennai - 600 061, he insisted upon production of no objection certificate / completion certificate from the fourth respondent, which is an arbitrary one, since the electricity supply is a basic amenity, which is guaranteed under Article 19(1) of the Constitution of India. Further, this Court had passed several orders and directed the electricity board to give electricity service connection, without insisting on completion certificate / no objection certificate. The said orders were operated and also executed by the electricity board. As such, the petitioner is also entitled to get similar relief. The learned counsel in support of his case has cited two judgments in W.P.Nos.11419 of 2013 and 27845 of 2013. The operative portion of writ petition in W.P.No. 11419 of 2013 reads as follows:-

In view of the same, I direct the competent Electricity Department respondents to provide electricity service connection to the petitioner''s premises on her applying for such connection with relevant documents. The said exercise has to be carried out within a period of four weeks from the date when the petitioner approaches the competent respondents with an application form along with required documents. The writ petition stands ordered accordingly. However, the CMDA, the fourth respondent, is at liberty to take action against the petitioner for putting up construction if any, deviating the planning permission. There is no order as to costs.

The operative portion of writ petition in W.P.No. 27845 of 2013 reads as follows:-

Having regard to the submission of the learned standing counsel for TNEB that the clarificatory letter dated 18.03.2013 squarely applies to the case of the writ petitioner, and also of the fact that there is no violation of terms and conditions of the approved planning permission, this Court is of the view that, in the light of Section 43 of the Electricity Act and the provisions of the Tamil Nadu Electricity Distribution Code, 2004, it is incumbent on the part of respondents 1 to 4, to provide electricity connection to the premises of the petitioner, situated at Plot No. A2, comprised in Old Survey No. 84/4, New Survey No. 24/1, Noombal Puliyampedu Village, Ambathur Taluk, Thiruvallur District, without any delay. They have already received necessary charges as stated above. Therefore, the Assistant Executive Engineer, O & M, TANGEDCO, Thiruverkadu, Chennai, third respondent herein, and the Assistant Engineer, O & M, TANGEDCO, Puliyampattu, Chennai / fourth respondent herein, being the competent / field officers to provide electricity service connection, are directed to provide electricity service connection to the above said premises of the petitioner, without insisting upon the completion certificate from the fifth respondent / CMDA, within a period of three weeks from the date of receipt of a copy of this order.

The very competent counsel, Mr.P.Gunaraj appearing for the respondents 1 to 3 vehemently argued that the Hon''ble First Bench of this Court had passed an order and as per this order, a High Level Committee had been constituted. As per the recommendation of the High Level Committee, the electricity service connection shall not be granted without the production of the completion certificate / no objection certificate from the CMDA in case of a special building and multi-storeyed building. It was submitted that consequent to the recommendation of the High Level Committee, the Development Control Rules have been amended and as per the amended provisions of the Development Control Rules, the electricity service connection shall not be granted without the production of completion certificate obtained from the CMDA, in case of special building and multi-storeyed buildings. Hence, in the case of the above writ petitioner, the electricity service connection shall not be provided without production of completion certificate obtained from the CMDA, as the petitioner''s building is a multi-storeyed building consisting of stilt + 4 floors with 12 dwelling units as per plan permission from CMDA, the fourth respondent herein. Therefore, the respondents 1 to 3 have instructed the petitioner to submit his application along with necessary documents and the completion certificate / no objection certificate obtained from CMDA, since the said building is categorized as special building and multi-storeyed residential building.

The very competent counsel, Mr.A.Kumar, appearing for the fourth respondent submits that the petitioner himself admits that there is violation over the said building. As such, the petitioner has no right for getting new electricity service connection from the respondents 1 to 3 since the petitioner has violated the conditions of the building plan which has been granted by the fourth respondent herein. Further, the petitioner''s personal and fundamental rights had not been violated by the respondents 1 to 3, since the petitioner''s claim had been rejected only because it was not in order.

Per contra, the very competent counsel, Mr.R.Karunagaran submits that as per the judgments passed by this Court in similar cases, the respondents/ electricity board, had complied with this Court''s order and carried out the same, by way of providing new electricity service connection. As such, the petitioner is also entitled to get similar relief.

On considering the facts and circumstances of the case and arguments advanced by the learned counsels on either side and on scrutiny of the planning permit issued to the petitioner and on taking into account judgments passed by this Court in W.P.No. 11419 of 2013 and W.P.No. 27845 of 2013, which is squarely applicable in the instant case, this Court directs the respondents 1 to 3 to receive the petitioner''s application, process it and effect electricity service connection to his residential building situated at Plot No. 14, Old Door No. 6, New Door No. 15, Veeraraghavan Street, Nanganallur, Chennai - 600 061, without insisting on completion certificate / no objection certificate from the fourth respondent / CMDA, within a period of four weeks from the date of receipt of his application. However, the CMDA, the fourth respondent herein, is at liberty to take action against the petitioner for putting up construction if any, deviating the planning permission.

With the above direction, the writ petition is disposed of. There is no order as to costs.