Telangana High Court
Mohd. Noor Uddin Abid vs The State Of Telangana on 18 August, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No. 24282 OF 2025
ORDER:
In this Writ Petition, a direction is sought to
Respondents - TGSPDCL to provide electricity connection to the
petitioner property bearing M.No.22-1-709, 22-1-715 and 22-1-
716, totally admeasuring 1333 square yards situated at
Noorkhan Bazar, Hyderabad without insisting on production of
'occupancy certificate' from Greater Hyderabad Municipal
Corporation.
2. Petitioner claims to be the absolute owner and
possessor of subject property. It is stated, they constructed stilt
+ three upper floors according to the approved sanctioned plan.
They have also paid all the requisite fee / charges /challans to
the respondents for electricity connection and the same was
also sanctioned on 17.07.2025. But respondents did not release
power supply on the ground that 'occupancy certificate' was not
submitted, which condition, according to petitioner, is not a
mandatory. Hence, the Writ Petition.
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3. Heard Mr Mazher Ali Khan, learned counsel for
petitioner, learned Government Pleader for Energy for
respondent No.1 and Sri N.Sreedhar Reddy, learned Standing
Counsel for TGSPDCL for respondent Nos.2 to 4. Perused the
record.
4. Learned counsel for petitioner contends that this Court
in several Writ Petitions directed respondents to release power
supply to the premises of petitioner therein subject to
compliance with the terms and conditions and on furnishing an
undertaking to produce the occupancy certificate from the
Municipal Corporation concerned within a prescribed period
and if no such occupancy certificate is produced within the
stipulated period, it is open to respondents to take appropriate
action in accordance with law. Hence, similar order may be
passed even in this Writ Petition also.
5. Sri N. Sreedhar Reddy, learned Standing Counsel for
TGSPDCL submits that based on the above order, the
authorities have been releasing power supply, without insisting
on production of occupancy certificate and on the assurance
given by the parties that they would furnish the said certificate
at a later date, however, they are not turning up with the
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certificates at all and enjoying the power supply. Hence,
learned Standing Counsel prays to take the said aspect into
consideration.
6. Evidently, TGSPDCL in their letter dated 17.07.2025
addressed to petitioner specifically mentioned 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'. The
Corporation also granted building permit dated 19.03.2019
subject to the conditions that public amenities such as water
supply, electricity connections will be provided only on
production of occupancy certificate. Petitioner, however,
without questioning the said condition, cannot seek indulgence
of this Court now.
7. Though learned counsel for petitioner places strong
reliance on various orders, with great respect, this Court
inclines to take a slight departure, for, several buildings are
mushrooming after getting approval for a particular plan,
thereafter giving a go-by, additional floors are being raised
unscrupulously and the parties are applying for building
regularisation scheme for legalising the said unauthorised
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structures and the civic body is not able to touch these
structures. This Court cannot be a mute spectator for such
unceremonious procedure and does not want to encourage this
type of activity in the interest of society at large.
8. The above-said opinion of this Court is justified by the
recent judgment in Rajendra Kumar Barjatya v. U.P. Avas
Evam Vikas Parishad 1 wherein, the Hon'ble Supreme Court in
the larger public interest, issued directions in addition to the
directives issued in Re: Directions in the matter of demolition of
structures. Relevant for the purpose of this case are:
(iv) 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.
(v) Even after issuance of completion certificate, deviation /
violation if any contrary to the planning permission brought to
the notice of the authority immediate steps be taken by the said
authority concerned, in accordance with law, against the builder
/ owner / occupant; and the official, who is responsible for
2024 SCC Online SC 3767
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issuance of wrongful completion / occupation certificate shall
be proceeded departmentally forthwith.
(vi) No permission / licence to conduct any business / trade
must be given by any authorities including local bodies of States
/Union Territories in any unauthorised building irrespective of
it being residential or commercial building.
(vii) The development must be in conformity with the zonal plan
land usage. Any modification to such zonal plan and usage
must be taken by strictly following the rules in place land in
consideration of the larger public interest and the impact on the
environment.
9. In view of the law laid down by the Hon'ble Supreme
Court making production of occupancy certificate / completion
certificate as condition precedent for releasing power supply and
also in view of the rampant misuse of the liberty granted by this
Court to the parties on several occasions, with regard to non-
insistence of Occupancy Certificate, this Court takes serious
note of the situation.
10. Therefore, the Writ Petition is disposed of directing
petitioner to approach the municipal authorities concerned first
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for issuance of occupancy certificate. On producing such
certificate only, respondent - TGSPDCL shall consider the case
of petitioner for release of electricity connection, in accordance
with law. No costs.
11. Miscellaneous Applications, if any shall stand closed.
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NAGESH BHEEMAPAKA, J
Dated:18.08.2025
dgr
