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Judgment
J.M. Panchal, J.—Rule. Mr. Dhaval G.Nanavati, learned Counsel, waives service of notice on behalf of respondent No. 3. The record shows that though the respondent Nos.1 and 2 are duly served with notice for final disposal of the petition, none of them has appeared either through its lawyer nor through its constituted agent nor any of the three respondents has filed reply controverting the averments made in the petition. Under the circumstances, this Court is of the opinion that it is not necessary for the petitioners to effect service of notice of rule issued in the petition upon the respondent Nos. 1 and 2. Having regard to the facts of the case, the petition is taken up for final disposal today.
By filing the instant petition under Article 226 of the Constitution, the petitioners have prayed to direct the respondent No. 1 i.e. Torrent Power AEC Limited to provide new electricity connection to 40 units constructed by the petitioner No. 2. The petitioners have further prayed to direct the respondent No. 2 and/or respondent No. 3 to consider grant of temporary occupancy certificate/provisional or temporary building use permission to the petitioners in relation to the units constructed by the petitioners.
The petitioner No. 2 i.e. Mr. K.M. Shah is Secretary of petitioner No. 1 Society i.e. Adinath (Vejalpur) Co-operative Housing Society Ltd. From the averments made in the petition it is evident that Revenue Survey Nos. 916/Paiki, 883/Paiki, 809/Paiki were purchased by Gayatrikrupa Sarkari Karmachari Co-operative Housing Society Ltd. from the original owners. It was proposed to divide Gayatrikrupa Sarkari Karmachari Co-operative Housing Society Ltd. into five different Societies under the provisions of Section 17 of the Gujarat Co-operative Societies Act, 1961. The said proposal was sanctioned by Assistant District Registrar, Co-operative Department,Ahmedabad vide order dated March 31,2001. As per the said order lands bearing Revenue Survey Nos. 883/Part, 835/Part and 916/Part were allotted to Abhinandan Swami (Vejalpur) Co-operative Housing Society Ltd. Abhinandan Swami (Vejalpur) Co-operative Housing Society Ltd. was divided into two Societies and as per the order dated October 28,2002 passed by the Assistant District Registrar, Co-operative Department, Ahmedabad the lands bearing Revenue Survey Nos.883/Part and 916/Part were allocated to Adinath (Vejalpur) Co-operative Housing Society Ltd. i.e. the petitioner No. 1 Society. Similarly, the lands comprising adjoining Survey Numbers i.e. 809/Part and 924/1 were allocated to Padmavati (Vejalpur) Co-operative Housing Society Ltd. The Chairman of the Padmavati (Vejalpur) Co-operative Housing Society Ltd. and Chairman of Adinath (Vejalpur) Co-operative Housing Society Ltd. were desirous of developing the lands belonging to the Societies and, therefore, they had applied to the Ahmedabad Urban Development Authority to permit them to develop the lands concerned. The record shows that two development permissions were granted by Ahmedabad Urban Development Authority on June 14,2004, which is quite evident from the contents of documents produced at Annexure B/1 and B/2 to the petition. The case of the petitioners is that pursuant to the development permissions granted by Ahmedabad Urban Development Authority, the petitioner No. 2 has constructed in all 40 commercial and residential units. After the construction of the commercial and residential units was over, it was the duty of the petitioners to obtain Building Use Permission from the competent authority and, thereafter, to apply to the respondent No. 1 for supply of electricity connection to the units constructed by them. However, without obtaining Building Use Permission, the petitioners applied to the respondent No. 1 to grant electricity connection to the units constructed by them. The said request has been turned down by the respondent No. 1, which is quite evident from the contents of letter dated March 22,2006 addressed by the General Manager of the respondent No. 1 to the petitioner, a copy of which is produced at Annexure ''SC'' to the petition. By the said communication the petitioners have been called upon to produce either Building Use Permission or conditional order of the High Court so as to enable the respondent No. 1 to supply new electricity connection to the units constructed by the petitioners. Under the circumstances, the petitioners have filed the instant petition and claimed relief to which reference is made earlier.
As observed earlier, though the respondent Nos. 1 and 2 are duly served, they have neither appeared before the Court nor contested the petition.This Court has heard Ms.M.N.Ukani, learned Counsel for the petitioners and Mr.Dhaval G.Nanavati, learned Counsel for the respondent No. 3. Having regard to the facts of the case, this Court is of the opinion that interest of justice would be served if the following directions are issued:
(1) The petitioners shall approach the Ahmedabad Urban Development Authority for obtaining Building Use Permission within thirty days from today, with an appropriate application/form/format, and by paying requisite fee, if any.
(2) The Ahmedabad Urban Development Authority is directed to take decision on the application, which may be submitted by the petitioners, within four months from the date of receipt of the same.
(3) The petitioners shall apply to the respondent No. 1 - Torrent Power AEC Limited for providing electricity connection to the residential and commercial units constructed by them, with an appropriate application/form/format, and by paying charges, within a week from today.
(4) The respondent No. 1-Torrent Power AEC Limited is directed to provide electricity connection to the residential and commercial units constructed by the petitioners within one month from the date of receipt of the application on usual terms and conditions.
(5) In case the Ahmedabad Urban Development Authority is not approached by the petitioners for obtaining Building Use Permission within the period stipulated in this order, the Ahmedabad Urban Development Authority shall inform Torrent Power AEC Limited to disconnect the electricity supply from the residential and commercial units constructed by the petitioners, and in such eventuality, it would be open to Torrent Power AEC Limited to disconnect the electricity connection.
(6) In case the Ahmedabad Urban Development Authority does not grant Building Use Permission, it will ask the Torrent Power AEC Limited to disconnect the electricity supply provided to the residential and commercial units constructed by the petitioners within a period of fifteen days.
(7) The petitioners shall file an undertaking before the Torrent Power AEC Limited to the effect that in the event Building Use Permission is not granted by the Ahmedabad Urban Development Authority, the petitioners will have no objection to disconnection of electricity supply made available to the residential and commercial units constructed by them. This undertaking shall be filed along with the application/form/format meant for the purpose.
Rule is made absolute subject to above referred to directions. There shall be no orders as to costs. Direct Service is permitted.