IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 14115 of 2003 For Approval and Signature: HON'BLE THE CHIEF JUSTICE HON'BLE MR.JUSTICE J.N.BHATT ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- NAGINA OWNERS ASSOCIATION Versus AHMEDABAD ELECTRICITY CO.LTD. -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 14115 of 2003 MR PRAKASH D PATEL for Petitioner MR KB PUJARA for Respondent No.1 MR RM CHHAYA for Respondent No.2 -------------------------------------------------------------- CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR.JUSTICE J.N.BHATT Date of decision: 30/09/2003 ORAL JUDGEMENT (Per : HON'BLE THE CHIEF JUSTICE) 1. Rule. Service of Rule is waived by learned counsel for the respondents. 2. The petitioner is the Chairman of Nagina Owners' Association, a `high rise building'. It has not been provided electricity connection, therefore, it is submitted that the respondents be directed to provide electricity connection to the said building. Before electricity connection is provided, occupants have to seek `No Objection Certificate' from the Ahmedabad Municipal Corporation (AMC), with respect to installation of fire safety measures. The matter is, therefore, disposed of with the following directions:- (1) The petitioner, in case has not installed requisite Fire Safety measures so far, which are otherwise required for the High Rise Buildings, shall install Fire Safety System as required under the law within six months. (2) Upon completion of such installations, the petitioner shall apply to the AMC for the purpose of obtaining "No Objection Certificate" and after having made such an application, it will be incumbent upon the AMC to decide either by way of granting or rejecting "No Objection Certificate" within a period of 30 days from the date of such application along with the payment of scrutiny fees. (3) On receipt of such "No Objection Certificate", the petitioner will apply to AUDA/AMC for `Building Use Permission' within a week. AUDA/AMC will decide such applications within four months. (4) The petitioner/occupants who have not applied to AEC for domestic electricity connection on proper application/form/format will do so within fifteen days seeking electricity connection to their premises and pay usual charges. Electricity connection shall be provided by AEC within three weeks. The petitioner/occupants will file undertaking with AEC to the effect that in the event of `Building Use Permission' not being granted by AUDA/AMC to them, electricity connection could be disconnected on information to this effect being supplied by AUDA/AMC to AEC. 3. It is made clear that in case the petitioner has already applied on proper form and paid usual charges, it will not be called upon to apply and pay afresh. This petition is disposed in terms aforesaid. Rule is made absolute. Direct service is permitted. (BHAWANI SINGH) CHIEF JUSTICE (J.N.BHATT) JUDGE (sunil)