The court ordered the apartment owners' association to reply to a Bescom notice
Picture for representational purpose
BENGALURU: The Karnataka High Court ordered Bescom, which had severed power supply, to resume the supply to 400 flats in Blocks C and D of Mantri Tranquil apartments at Gubbalala village, Uttarahalli.
The court also ordered the apartment owners' association to reply to a Bescom notice bySeptember 10. The association and Mantri Developers had approached the high court after Bescom disconnected power supply, citing that the apartment blocks were encroaching upon a rajakaluve (storm water drain).
Bescom acted on a communique from the Bruhat Bangalore Mahanagara Palike, which alleged that the basement and the compound wall of the apartment complex had built
on the drain.
The developers and the association stated that there was no dispute and power cut was illegal as no competent authority from the BBMP had pointed out to any encroachment by the apartment complex.
“But proceedings have been initiated and a notice issued by the palike has been replied to. A writ petition has also been filed before the High Court,” the petition states. The association and the developer alleged that a notice, purported to have been served on September 2, 2014, had not reached them and, therefore, they could not give any reply.
The advocate for the authorities stated that the action taken was right. But the court observed, "There is nothing in the records made available to show that the notice was served on the petitioner, Mantri Tranquil Apartment's Owner Association regarding the action for disconnection of the electricity supply based on the communication received from the BBMP."
The court said that power supply cannot be cut without providing fair and reasonable opportunity to the petitioners to place the real facts and materials before the respondent.
( Source : dc )
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