TELANGANA HIGH COURT MANDATES OCCUPANCY CERTIFICATE FOR ELECTRICITY CONNECTIONS IN MULTI-STOREY BUILDINGS

In a significant ruling reinforcing urban regulatory compliance, the Telangana High Court in the matter of ‘Mohammed Arif Rizwan vs. State of Telangana (W.P. No. 22672 of 2025)’, directed that electricity supply for multi-storeyed buildings will be granted only upon production of a valid Occupancy Certificate, issued by municipal authorities.

The said Judgement came in a matter where the Petitioner had sought power supply to a six-floor building without furnishing such a certificate.

 

BACKGROUND OF THE CASE

The Petitioner, owner of premises at Himayath Nagar, had obtained a sanctioned building plan from the Greater Hyderabad Municipal Corporation (GHMC) for a stilt + five upper floors construction. After paying all requisite charges, TGSPDCL sanctioned power connection on 07 January 2025, but withheld release, citing the absence of an occupancy certificate.

Arguing that production of such a certificate was not mandatory, the Petitioner relied on earlier High Court orders allowing provisional supply against an undertaking to produce the certificate later.

 

COURT’S ANALYSIS AND FINDING

• Contractual condition cannot be ignored: The Court noted TGSPDCL’s sanction letter itself stated that no service connection would be released for buildings over 10 metres in height without an occupancy certificate. Having not challenged this condition earlier, the Petitioner could not now request the Court to disregard it.
• Curbing rampant violations: Justice Bheemapaka observed a pattern of misuse where builders obtain plan approvals but then raise unauthorised additional floors, later attempting regularisation of the same. Many such buildings manage to secure electricity and other utilities without complying with completion norms. The Court emphasised that such practices undermine civic regulation and public interest.
• Reliance to Supreme Court directions: Referring to Rajendra Kumar Barjatya v. U.P. Avas Evam Vikas Parishad[1], the Court cited the Supreme Court’s mandate that all essential service connections like electricity, water, sewerage must be given only after production of a completion/occupancy certificate. The Supreme Court directives also reinforced that post-issuance violations must attract immediate enforcement action, and no licences for business/trade should be given in unauthorised structures.
• Public interest over convenience: The Court consciously departed from earlier orders in such matters granting conditional supply, stressing responsibility towards society at large and the need to uphold urban planning regulations.

 

DIRECTIONS AND REFORMATIVE MEASURES

The Hon’ble High Court, keeping in view the rampant violations, thereby slightly departed from its older decisions in similar cases, and issued the following directives to the Petitioner:

1. The Petitioner must first approach the GHMC and secure a valid occupancy certificate.
2. Only upon production of such certificate will TGSPDCL be obliged to release electricity connection, in accordance with law.

This ruling signal a zero-tolerance approach towards unauthorised constructions enjoying civic amenities.

 

KEY TAKE AWAYS FROM THE RULING

1. Occupancy Certificate is now a strict pre-condition for electricity supply in multi-storeyed buildings in Telangana.
2. The Court aligned state practice with recent Supreme Court public interest directives.
3. A shift from lenient provisional supply orders to strict enforcement, aimed at curbing unauthorised urban development.
4. Signals accountability not just for builders, but also for officials issuing wrongful certificates.

 

CONCLUSION

This judgment marks a turning point in how urban infrastructure services are regulated in Telangana. By closing the door on provisional power supply without an occupancy certificate, the High Court has reinforced the importance of compliance, transparency, and respect for town planning laws, thereby ensuring that regulatory breaches do not enjoy the benefit of state-provided utilities.

 

Soumen Dash
(Legal Associate)

The Indian Lawyer & Allied Services

 

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