Occupancy Certificate is Must for Power Supply to Buildings: HC
The GHMC brought to the notice of the court that buildings were mushrooming after getting approval for a particular plan.
Hyderabad: The Telangana High Court has ruled that the production of occupancy certificate/completion certificate is a must for power supply to multistoried buildings/complexes that are having more than 10 metres height. This is unless an occupancy certificate from the authorities is produced, it said.
The High Court recalled the recent judgment of the apex court in the case of Rajendra Kumar Barjatya versus UP Avas Evam Vikas Parishad and stressed that producing occupancy certificates is now a condition for power supply to the building.
The court of Justice Nagesh Bheemapaka was dealing with a petition filed by the owner of the house, Iproperty, bearing Municipal No. 3-6-744/1 & 744/1/A to F and situated at Himayatnagar, Hyderabad. The petitioner sought to direct TGSPCL to provide power supply without insisting on production of ‘occupancy certificate’ from the GHMC.
The petitioner stated that he constructed stilt + five upper floors according to the plan approved by the GHMC. “We have paid all the requisite fee/ charges / challans to the authorities for electricity connection and the same was sanctioned on January 7 this year. But, the power link was not provided to the building on the ground that ‘occupancy certificate’ was not submitted.”
Mohd Habeebuddin, counsel for the petitioners, argued that the high court had, in response to several writ petitions, directed TGSPDCL to release power supply to the premises. This was subject to compliance with the terms and conditions and on furnishing an undertaking that the ‘occupancy certificate shall be produced from the respective municipal corporation’ within a prescribed period.
Counsel for TGSPDCL, Sreedhar Reddy, told the court that, based on the above order, the authorities have been providing power supply to the building without insisting on an occupancy certificate, but this was based on an assurance given by the parties that they would furnish the certificate at a later date. “However, they are not turning up with the certificates at all and enjoying the power supply.”
The GHMC brought to the notice of the court that buildings were mushrooming after getting approval for a particular plan. Thereafter, giving a go-by, additional floors are being raised unscrupulously. “The parties are applying for a building regularisation scheme for legalising such unauthorised structures and the civic body is not able to touch these structures.”
The High Court considered the judgment of the SC vis-a-vis demolition of structures. The apex court clearly mentioned that all the necessary service connections, such as electricity, water supply, sewerage connection etc shall be given by the service provider/board to the buildings only after the production of the completion/occupation certificate.
It said, “After issuance of the completion certificate, if any deviation/violation of the provisions is brought to the notice of the authority, immediate steps should be taken by the authorities against the builder/owner/occupant.”
The official responsible for issuance of wrongful completion/occupation certificate shall be proceeded against, departmentally and forthwith, the court stated.
As per the apex court order, no permission/licence to conduct any business/trade must be given by any authority including local bodies of states/Union territories in any unauthorised building irrespective of it being residential or commercial building.
