Telangana High Court refuses power connection without occupancy certificate, flags rampant misuse of earlier relaxations

The Telangana High Court has declined to direct release of electricity to a multi-storey building owner who had not obtained an occupancy certificate (OC), holding that the earlier judicial practice of granting temporary relief on undertakings has been “misused” by parties.

Justice Nagesh Bheemapaka was hearing a plea by a Himayath Nagar property owner seeking a direction to the Telangana State Southern Power Distribution Company Limited (TGSPDCL) to provide electricity without insisting on the OC from the Greater Hyderabad Municipal Corporation (GHMC). The petitioner relied on earlier High Court orders where connections were granted on undertakings to produce the OC within a stipulated time.

However, the Court departed from that approach, observing:
"Several buildings are mushrooming after getting approval for a particular plan, thereafter giving a go-by, additional floors are being raised unscrupulously. This Court cannot be a mute spectator… and does not want to encourage this type of activity in the interest of society at large."

The Bench noted that many beneficiaries of earlier relaxations had failed to submit OCs after securing power supply. TGSPDCL, represented by Standing Counsel N. Sreedhar Reddy, also referred to its January 7, 2025 letter to the petitioner, stating that “no service connection shall be released for multi-storied buildings/complexes greater than 10 meters in height unless occupancy certificate from the authorities concerned is produced.”

Citing the Supreme Court ruling in Rajendra Kumar Barjatya v. U.P. Avas Evam Vikas Parishad (2024), the Court reiterated that service connections — electricity, water, sewerage — must be granted only after production of a completion or occupancy certificate. It further noted that the apex court had mandated immediate action against owners, builders, and officials if violations surfaced after such certificates were issued.

The High Court held that, in view of this binding precedent and the widespread abuse of earlier leniency, no power connection could be granted without first producing the OC.

Accordingly, the petition was disposed of with liberty to the petitioner to approach GHMC for the OC, after which TGSPDCL would consider his application for electricity supply in accordance with law.

Advocate Mohd. Habeebuddin appeared for the petitioner.