SCA/24995/2006 1/8 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 24995 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE J.M.PANCHAL HON'BLE SMT. JUSTICE ABHILASHA KUMARI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= PULKITBHAI L.PATEL - Petitioner Versus TORRENT POWER AEC LTD. THR' ITS CHAIRMAN & 1 -Respondents ========================================================= Appearance : MRS NISHA M PARIKH for Petitioner. NOTICE SERVED for Respondent(s) : 1 - 2. DS AFF.NOT FILED (N) for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE J.M.PANCHAL and HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 09/01/2007 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE J.M.PANCHAL) SCA/24995/2006 2/8 JUDGMENT Rule. The endorsement on the board indicates that though both the respondents are duly served with notice for final disposal of the petition, none of them 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 i.e. Pulkitbhai L.Patel, 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 16 electricity connections to the houses constructed by him at Royal Kadamb Bungalow, Thaltej, Ahmedabad. The petitioner has SCA/24995/2006 3/8 JUDGMENT further prayed to direct the respondent No.2 i.e. Ahmedabad Urban Development Authority to grant B.U.Permission to him in respect of the houses constructed by him. 3. The petitioner i.e. Pulkitbhai L.Patel and others were the owners of Revenue Survey Nos. 420/2, 423/1+2 of Town Planning Scheme No.37 of village Thaltej, Taluka : Dascroi, District : Ahmedabad. The petitioner and others were desirous of developing the land belonging to them. Therefore, they applied to Ahmedabad Urban Development Authority to grant development permission. Accordingly, the development permission was granted on September 2, 2006, which is quite evident from the contents of document produced at Annexure-B to the petition. The case of the petitioner is that pursuant to the development permission, he has constructed 15 residential Units. After construction of the residential units was over, it was the duty of the petitioner to obtain Building Use Permission SCA/24995/2006 4/8 JUDGMENT from the respondent No.2, and thereafter to apply to the respondent No.1 for grant of electricity connections to houses constructed by him. However, without obtaining Building Use Permission, the petitioner applied to the respondent No.1 for grant of electricity connections to the houses 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 November 29, 2006 addressed by General Manager of the respondent No.1 to the petitioner. A copy of the said letter is produced by the petitioner at Annexure-A to the petition. By the said communication, the petitioner has been called upon to produce Building Use Permission to enable the respondent No.1 to grant electricity connections to the houses constructed by him. Under the circumstances, the petitioner has filed the instant petition and claimed reliefs to which reference is made earlier. SCA/24995/2006 5/8 JUDGMENT 4. The petition was placed for admission hearing on December 4, 2006 and after hearing the learned Counsel for the petitioner, notice for final disposal of the petition was issued. As observed earlier, both 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. From the record of the case, it is evident that the request was made by the petitioner to release 15 new electricity connections and not 16 as prayed for in the petition. On the facts and in the circumstances 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 SCA/24995/2006 6/8 JUDGMENT 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 15 houses 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 electricity connections to 15 residential houses constructed by the petitioner within one month on usual terms and conditions. (5) In case the Ahmedabad Urban Development 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 SCA/24995/2006 7/8 JUDGMENT the electricity supply made available to the 15 residential houses 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 15 residential houses constructed by the petitioner within a period of fifteen days. (6) In case the Ahmedabad Urban Development Authority does not grant Building Use Permission, it will ask the Torrent Power AEC Limited to disconnect the electricity supply provided to 15 residential houses 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 15 residential houses 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 15 residential houses SCA/24995/2006 8/8 JUDGMENT 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)