Telangana HC: No power supply to buildings over 10 metres without occupancy certificate

Hyderabad: In a significant order impacting multi-storied constructions, the Telangana High Court has ruled that electricity supply cannot be granted to buildings above 10 metres without submission of an occupancy or completion certificate issued by municipal authorities.

The court stressed that this requirement, upheld by the Supreme Court, is now mandatory for all service connections.

Petitioner sought power without certificate

Justice Nagesh Bheemapaka was hearing a petition filed by the owner of a property at Himayatnagar, Hyderabad, who sought a direction to the Telangana State Southern Power Distribution Company Limited (TGSPDCL) to provide electricity without insisting on an occupancy certificate from the GHMC.

The petitioner submitted that the building, comprising stilt plus five floors, was constructed in line with the GHMC-approved plan, and all charges for electricity were paid. Despite sanction being granted in January this year, the power connection was denied citing non-production of the occupancy certificate.

Earlier HC orders misused, says TGSPDCL

Counsel for the petitioner argued that earlier High Court orders permitted power supply on the basis of an undertaking that the certificate would be produced within a specified time.

However, TGSPDCL counsel Sreedhar Reddy countered that many builders had failed to submit the promised certificates, continuing to enjoy uninterrupted power supply without fulfilling the mandatory condition.

GHMC flags rampant violations

The GHMC informed the court that several builders were obtaining approvals for limited floors but subsequently raising additional storeys illegally.

Later, such violations were being regularised under building regularisation schemes, making it difficult for the civic body to enforce planning norms.

Court relies on Apex Court ruling

The High Court cited the Supreme Court judgment in Rajendra Kumar Barjatya vs. UP Avas Evam Vikas Parishad, which made it clear that electricity, water, sewerage and other service connections must be provided only after issuance of a valid completion/occupancy certificate.

The court also directed that any deviations found after issuance of certificates must result in immediate action against the builder or occupant. Officials who issue wrongful certificates would face departmental proceedings.

No trade licences in illegal buildings

Reinforcing the apex court’s stance, the High Court said no authority, state or municipal, can grant trade or business licences to unauthorised structures, whether residential or commercial.