SCA/20560/2006 1/8 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 20560 of 2006 For Approval and Signature: HONOURABLE MR.JUSTICE J.M.PANCHAL THE 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 ? ========================================================= JALIYAN JYOTI CO-OP.HOU.SOCI. THR' ITS CHAIRMAN - Petitioner Versus TORRENT POWER AEC LTD. & 1 - Respondents ========================================================= Appearance : MR.BHARAT PRAJAPATI for Petitioner. NOTICE SERVED for Respondents. ========================================================= CORAM : HONOURABLE MR.JUSTICE J.M.PANCHAL and HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 24/11/2006 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE J.M.PANCHAL) Rule. The record shows that both the SCA/20560/2006 2/8 JUDGMENT respondents are duly served with the notice for final disposal of the petition, but, 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 regard to the facts of the case, the petition is taken up for final disposal today. 2. By filing the instant 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. Torrent Power AEC Limited to provide electricity connections to 9 residential Units constructed by the petitioner. The petitioner has further prayed to direct the respondent No.2 i.e. Ahmedabad Urban Development SCA/20560/2006 3/8 JUDGMENT Authority to grant Building Use Permission with reference to 9 residential Units constructed by him. 3. The petitioner i.e. Mr.Rajeshbhai B.Shah is the Chairman of Jaliyan Jyoti Cooperative Housing Society Limited situated at Anand Nagar Char Rasta, Satellite, Ahmedabad. The Society owned of Revenue Survey No. 1295 of Final Plot No.18/1, Town Planning Scheme No.27 of village Vejalpur, Taluka : City, District : Ahmedabad. The Chairman and Secretary of the said society were desirous of developing the land belonging to the society. Therefore, they applied to Ahmedabad Urban Development Authority to grant development permission. Accordingly, development permission was granted on October 29, 2005, which is quite evident from the contents of the document produced at Annexure-C to the petition. The case of the petitioner, who is Chairman of the society, is that pursuant to the said development permission, 9 residential Units have SCA/20560/2006 4/8 JUDGMENT been constructed. After construction of 9 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 electricity connections to the residential Units constructed by him. However, without obtaining Building Use Permission, the petitioner applied to the respondent No.1 for grant of electricity connection 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 the communication dated July 24, 2006 addressed by the General Manager of the respondent No.1 to the petitioner. A copy of the said communication is produced at Annexure-B 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 grant electricity connections to the Units constructed by the petitioner. Under the circumstances, the SCA/20560/2006 5/8 JUDGMENT petitioner has filed the instant petition and claimed the relief to which reference is made earlier. 4. The petition was placed for admission hearing before the Court on October 11, 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, non of them has contested the petition. 5. This Court has heard Mr. Bharat Prajapati, 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 following directions are issued: (1) The petitioner will approach the Ahmedabad Urban Development Authority for obtaining SCA/20560/2006 6/8 JUDGMENT 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 9 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 electricity connection to 9 residential Units constructed by the petitioner within one month on usual terms and conditions. SCA/20560/2006 7/8 JUDGMENT (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 the electricity supply made available to 9 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 9 residential Units 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 9 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 9 residential Units constructed SCA/20560/2006 8/8 JUDGMENT 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 9 residential Units constructed by it. 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)