SCA/23158/2006 of TEJAS CHANDULAL PATEL Vs TORRENT POWER A.E.C. LTD. on 27 December 2006

Issues

ORAL JUDGMENT

(Per : HONOURABLE MR.JUSTICE J.M.PANCHAL)

Rule. The endorsement on the board indicates that all the respondents are duly served with notice for final disposal of the petition.

However, none of the respondents has appeared either through its Lawyer or through its constituted agent, nor any of them has filed reply controverting the averments made in the petition. Therefore, this Court is of the opinion that it is not necessary for the petitioner to effect service of notice of rule issued in the instant petition upon the respondents. Having regards to the facts of the case, the petition is taken up for final disposal today.

2. By filing this petition under Article 226 of the Constitution, the petitioner has prayed to issue a writ of mandamus or any other appropriate writ or order, directing the respondent No.1 i.e. The Torrent Power A.E.C.Ltd., to grant eight electric connections to the residential Units constructed by the petitioner. The petitioner has also prayed to direct the respondent No.2 to grant Building Use Permission in respect of non- residential Units constructed by the him.

3. The petitioner i.e. Mr.Tejas Chandulal Patel is Proprietor of Tejas Corporation. Tejas Corporation has purchased land forming part of Revenue Survey No. 4570 of village Ghatlodia, Taluka : City, District : Ahmedabad. The petitioner, who is Proprietor of Tejas Corporation, was desirous of developing the land belonging to the Corporation. Therefore, he applied to Ahmedabad Urban Development Authority to grant development permission. The record shows that the development permission was granted to the petitioner on September 16, 2004, which is quite evident from the contents of document produced at Annexure-C to the petition. The case of the petitioner is that after obtaining development permission, he has constructed 8 residential Units. After construction of the residential Units was over, it was the duty of the petitioner to obtain Building Use Permission and thereafter to apply to the respondent No.1 for supply of electric connection to the Units constructed by him. However, without obtaining Building Use Permission, the petitioner applied to the respondent No.1 for supply of electric connections to the Units constructed by him. The said request has been turned down by the respondent No.1, which is quite evident from the contents of letter dated October 6, 2006 addressed by General Manager of the respondent No.1 to the petitioner, a copy of which is produced by the petitioner at Annexure-A to the

petition. By the said communication, the petitioner has been called upon to produce either Building Use Permission or conditional order of the High Court to enable the respondent No.1 to supply electricity connection to the Units constructed by him. Under the circumstances, the petitioner has filed the instant petition and claimed reliefs to which reference is made earlier.

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4. The petition was placed for admission hearing on November 13, 2006 and after hearing the learned Counsel for the petitioner, notice for final disposal of the petition was issued. As observed earlier, all the respondents are duly served, but, none of them has appeared before the Court nor contested the petition.

5. This Court has heard Ms.Nisha M.Parikh, learned Counsel for the petitioner and considered the documents forming part of the petition. Having regard to the facts of the case, this Court is of the opinion that interest of justice would be served if the following directions are issued:

(1) The petitioner will approach the Ahmedabad Urban Development Authority for obtaining Building Use Permission within thirty days from today with a proper application/form/format and by paying requisite fee, if any.

(2) The Ahmedabad Urban Development Authority is directed to take decision on the

application, which may be submitted by the petitioner, within four months from the date of receipt of the same.

(3) The petitioner shall apply to the

respondent No.1., i.e. Torrent Power AEC

Limited, for providing electricity

connection to eight residential Units constructed by him with a proper application/form/format and by paying charges within a week.

(4) The respondent No.1, i.e. Torrent Power AEC Limited, is directed to provide electricityconnectiontoeight residential Units constructed by the petitioner within one month on usual terms and conditions. terms and conditions.

(5) In case the Ahmedabad Urban Development Authority is not approached by the petitioner for obtaining Building Use Authority is not approached by the petitioner for obtaining Building Use Permission within the period stipulated in this order, the Ahmedabad Urban Development Authority shall inform the Torrent Power AEC Limited to disconnect the electricity supply made available to eight residential Units constructed by the petitioner and in such an eventuality, it would be open to the

Torrent Power AEC Limited to disconnect the electricity supply provided to the the electricity supply provided to the residential Units constructed by the petitioner within a period of fifteen days.petitioner within a period of fifteen days.

(6) In case the Ahmedabad Urban Development Authority does not grant Building Use Authority does not grant Building Use Permission, it will ask the Torrent Power AEC Limited to disconnect the electricity supply provided to eight residential Units constructed by the petitioner within a period of fifteen days and, thereupon, it would be open to the Torrent Power AEC Limited to disconnect the electricity supply provided to the residential Units constructed by the petitioner.residential Units constructed by the petitioner.

(7) The petitioner shall file an Undertaking before the Torrent Power AEC Limited to the effect that in the event the Building Use Permission is not granted by the Ahmedabad Urban Development Authority, the petitioner will have no objection to disconnection of electricity supply provided to eight residential Units constructed by him. This Undertaking shall be filed along with the application/form/format meant for the

purpose.

Rule is made absolute subject to above referred to directions. There shall be no order as to costs. Direct Service is permitted.

(J.M.Panchal, J.)

(Smt.Abhilasha Kumari, J.)

(patel)