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Order on mandatory occupancy certificate for power connections challenged

Consumers approach KERC, say circular will cause hardships to them
Last Updated 04 April 2015, 20:50 IST

 A circular by the State government making occupancy certificate mandatory to obtain power connection has been challenged by consumers before the Karnataka Electricity Regulatory Commission (KERC).

The Urban Development Department (UDD), in its attempt to ‘prevent illegal structures mushrooming’ across the State, had issued a circular on July 18, 2014, making occupancy certificate mandatory to obtain power connection for any constructed building.

The circular was issued to the Energy Department and Bangalore Water Supply and Sewerage Board (BWSSB). Citing this circular, the Karnataka Power Transmission Corporation Limited (KPTCL) and the Electricity Supply Companies (Escoms) had issued directions to authorities concerned to implement the same.

Challenging this before the KERC, the Vidyuth Grahakara Hitarakshana Vedike and Karnataka State Licensed Electrical Contractors’ Associations have sought that this circular be quashed, saying that it will cause a lot of hardships to power consumers.

They have contended that earlier, there was no such provision to demand occupancy certificate to provide power connections. “The only requirement was the ownership documents or proof of occupancy, like lease deed or ration card,” said Sridhar Prabhu, counsel for the complainants.

The complainants said that as per the Electricity Act, 2003, power connection to consumers can be denied only during natural calamities like severe monsoon, floods, and earthquake. The complainants contended that the government has no powers to make such directions to Escoms, as they are governed by Electricity Act and by regulations of KERC.

When the State government, in its objections, submitted that there was no violation on their part and these rules existed much before, the counsel for the complainants cited a High Court direction, by a division bench comprising former Chief Justice P D Dinakaran and Justice B V Sabhahit, which had dismissed a petition by C N Kumara, saying it cannot interfere in this.

The petitioner had sought directions to power companies to make building completion certificate mandatory to obtain power connection.

The counsel said, “The building completion certificate is a process before occupancy certificate. If the court has refused to interfere in the matter, how can the government make such orders.”

The KERC bench comprising members Manivel Raju and Arun Kumar has reserved the case for orders.

The circular signed by under secretary, UDD, says that it has been issued following a meeting under the chairmanship of the chief secretary on May 27, 2014, and that the BBMP, BDA and other local bodies have been directed to look into encroachments and violations of building bylaws and then issue occupancy certificates. Though the UDD wanted it to be implemented only in BBMP limits, the Energy department has extended the same to the entire State.


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(Published 04 April 2015, 20:50 IST)

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