IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 13119 of 2003 with SPECIAL CIVIL APPLICATION No 13664 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? -------------------------------------------------------------- VASTUSHIL BUILDERS PVT. LTD. Versus A.E.C. LTD. -------------------------------------------------------------- Appearance: MR VK JOSHI & MR SUDHIR MEHTA for Petitioners MR KB PUJARA for AEC MR RM CHHAYA for AMC MR DN PATEL for AUDA -------------------------------------------------------------- CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR.JUSTICE J.N.BHATT Date of decision: 18/09/2003 COMMON ORAL JUDGEMENT (Per : HON'BLE THE CHIEF JUSTICE) 1. We propose to dispose of this group of two petitions, by a common order, since the question for determination and decision is common, with the consent of counsel of respective parties. 2. Rule. Service of Rule is waived by learned counsel for the respondents. 3. The petitioners are occupants in `high rise buildings'. They have not been provided electricity connection, therefore, they submit that the respondents be directed to provide electricity connection to their premises. Before electricity connection is provided, occupants have to seek `no objection certificate' from the Ahmedabad Urban Development Authority (AUDA) / Ahmedabad Municipal Corporation (AMC), which has been granted in these cases with respect to installation of fire safety measures. Therefore, the only thing left is providing electricity connection to their premises. For this purpose they have to apply to the Ahmedabad Electricity Company Limited (AEC). The matter is, therefore, disposed of with the following directions:- (1) The petitioners will apply to AUDA/AMC for `Building Use Permission' within a week. AUDA/AMC will decide such applications within four months. (2) The petitioners/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 petitioners 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. 4. It is made clear that those petitioners who have already applied on proper form and paid usual charges will not be called upon to apply and pay afresh. These petitions are disposed in terms aforesaid. Rule is made absolute. Direct service is permitted. (BHAWANI SINGH) CHIEF JUSTICE (J.N.BHATT) JUDGE (sunil)