Court Orders Provision of Electricity Despite Absence of No-Objection Certificate
In a significant ruling, the Andhra Pradesh High Court has directed the state authorities to provide an electricity connection to Garikina Satyarao, a rightful possessor and titleholder of a property located in an unauthorized layout. The court's directive comes despite the absence of a No-Objection Certificate (NOC) and house tax, traditionally required for such utilities.
Presided over by Justice Venkateswarlu Nimmagadda, the court addressed the writ petition filed by Garikina Satyarao who had been denied an electricity connection by the state authorities. The petitioner's request was initially rejected due to the absence of an NOC from the local Panchayat and non-payment of house tax, as contended by the respondents.
Satyarao purchased the property through a registered sale deed in 2023 and has been residing there peacefully ever since. Despite completing the construction of a residential building, the petitioner faced hurdles in obtaining a new electricity connection, which led to the filing of the writ petition under Article 226 of the Constitution of India.
The court highlighted that under the General Terms and Conditions of Electricity Supply, even an encroacher is entitled to an electricity connection. Given that Satyarao is not merely a possessor but a valid titleholder, his claim stands on firmer legal ground than that of an encroacher. The court criticized the respondents' refusal to process the petitioner's application, deeming it unjust and arbitrary.
Justice Nimmagadda emphasized the necessity of electricity as an indispensable utility service and ordered the respondents to provide a new electricity service connection to the petitioner within three weeks. This order is contingent upon the petitioner meeting all other eligibility criteria, and the respondents must also offer an opportunity for a hearing.
The judgment underscores the legal principle that access to essential services like electricity cannot be denied on arbitrary grounds, especially when the applicant holds a legitimate title to the property. The court's decision is seen as a reinforcement of the right to utilities and the protection of property rights, as enshrined in the Constitution of India.
Bottom line:-
Electricity connection cannot be denied to a rightful possessor and titleholder of property in an unauthorized layout, as per General Terms and Conditions of Electricity Supply.
Statutory provision(s): Article 226 of the Constitution of India, General Terms and Conditions of Electricity Supply
Garikina Satyarao v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc id # 2948824
