Allowed

I.R.v.Prashanth Kumar v. Telangana State Southern Power Distribution

Telangana HC18 Dec 2015WP/32614/2015

Case brief

AI extract

What is this about?

This writ petition challenges the respondents' refusal to connect individual electricity service to apartments in a cooperative housing society complex. The Court allowed the petition, directing the release of individual service connections within four weeks upon payment of charges, subject to pending regularization directions from the State Government and Supreme Court.

What did the court decide?

Direction to release individual service connections to apartment owners within four weeks upon payment of requisite charges.

I.R.v.Prashanth Kumar Vs Telangana State Southern Power… — Property and Title | Telangana HC (2015)

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THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO

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WP.No.32614 of 2015

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ORDER :

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The petitioners are occupants of Srinikethan Akshya Apartments, Ayyappa Society, Madhapur, Hyderabad situated in survey Nos.11/8 to 11/18 of Khanamet Village, Serilingampally Mandal, R.R. District. This apartment complex is located within land belonging to Sri Swamy Ayyappa Co-operative Housing Society Limited. Petitioners allege that the said Society formed roads, under-ground drainage system and laid street light system in the land purchased by it, and the then State Electricity Board had also established a sub-station therein; that the layout submitted by the said Society was approved by the Gram Panchayat, Kondapur Village in which the petitioners’ apartment complex is also located; that there was a dispute with regard to the title to the land purchased by the said Society between it and Gurukul Ghatkesar Trust which ultimately culminated in a judgment dt.12.09.2012 of a Division Bench of this Court in WP.No.20407 of 2008 and batch. They contended that under the said judgment, the Division Bench directed a scheme of regularization to be framed to regularize the lands in occupation of above Housing Society and other third parties; that the said direction therefore applies even to petitioners, but the respondents have not provided

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additional loads on the ground that the Greater Hyderabad Municipal Corporation has instructed them not to release such additional loads on the ground that constructions made in the lands of Ayyappa Society are unauthorized and without building permits. They further contended that apart from release of additional loads to the main apartment building, individual service connections have to be installed in each apartment, if not tariff payable would be on commercial rates applicable to the main building and not on domestic rates applicable to each flat owner, and that although representations were made to respondents for installing individual service connection to their respective apartments in the said complex, no action is being initiated because of objections raised by the officials of Greater Hyderabad Municipal Corporation. They allege that there is no justification or reasonableness for the inaction on the part of respondents to install individual service connections in the apartments where the petitioners are residing, when already additional loads are being released in respect of the same building under order dt.15.12.2014 in WP.No.31378 of 2014.

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2. In the said decision, this Court had opined that respondents are not justified in not releasing additional loads on the ground that objections were being raised orally by Greater Hyderabad Municipal Corporation

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officials, and that they should release the additional loads to petitioners subject to the outcome of the regularization scheme to be framed by the State of Telangana.

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3. In the counter-affidavit filed by respondents, the respondents reiterated that the officials of Greater Hyderabad Municipal Corporation had prevailed on them not to provide individual service connections or additional loads, and that was why they did not provide individual service connections to the apartment owners in the complex.

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4. Although it is stated that the judgment of the Division Bench referred to above is pending consideration in the Supreme Court, subject to further directions which may be issued by the State Government of Telangana or the Supreme Court in the matter, the respondents shall release individual service connections to the members of the above apartment complex on payment of requisite charges within a period of four (04) weeks from the date of receipt of a copy of this order.

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5. Accordingly, the Writ Petition is allowed with the above directions. No order as to costs.

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6. As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed.

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__________________________________ JUSTICE M.S.RAMACHANDRA RAO

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Date: 18-12-2015

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Note : Issue C.C. in one (01) week. B/o. Ndr/*

I.R.v.Prashanth Kumar v. Telangana State Southern Power Distribution

Case brief

What is this about?

What did the court decide?

I.R.v.Prashanth Kumar v. Telangana State Southern Power Distribution

Case brief

What is this about?

What did the court decide?

What the court decided

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