Karnataka HC notice to State on plea challenging OC waiver for electricity connections
The High Court of Karnataka on Friday ordered the issuance of notice to the State government on a PIL petition questioning the legality of recent
The High Court of Karnataka on Friday ordered the issuance of notice to the State government on a PIL petition questioning the legality of recent Government Orders (GOs) that grant a one-time exemption from securing occupancy certificates (OCs) for obtaining permanent electricity connections. A Division Bench comprising Chief Justice Vibhu Bakhru and Justice K.S. Hemalekha passed the order on the petition filed by Bengaluru-based R. Rajagopalan, a former corporate board advisor and an environmentalist. The petitioner pointed out that a series of GOs were issued in June, granting exemptions from occupancy/completion certificates for securing permanent electricity connections.
Referring to the GO issued on June 22, the petitioner said it provides a 15-day window for owners of residential buildings up to G+3 floors or S+4 floors on sites up to 2,400 sq. ft. (with 20% deviation) to secure power connections without producing occupancy certificates. The order covers properties under the Greater Bengaluru Authority, municipal corporations, and gram panchayats, and applies to buildings completed on or before May 31. However, the petitioner contended that the GOs were issued in blatant violation of the Supreme Court’s December 17, 2024 verdict, in which the apex court directed all State governments and Union Territories that “all the necessary service connections, such as electricity, water supply, sewerage connection, etc., shall be given by the service provider/board to the buildings only after the production of the completion/occupation certificate”.
‘Colourable exercise’ The petitioner has claimed that these GOs are “colourable exercises” intended to benefit violators of building bylaws without requiring them to regularise their constructions or face enforcement action, while treating such violators on par with citizens who have constructed their buildings in compliance with building bylaws and obtained occupancy/completion certificates as required by law. The petition has also contended that the GOs were issued in violation of Section 181 of the Electricity Act, 2003, as the Karnataka Electricity Regulatory Commission (KERC) alone is vested with such rule-making powers under the Act.
The petitioner further said that his representation, submitted to the State Chief Secretary on June 24, complaining that the GOs were contrary to the apex court’s judgment, has remained unanswered.
The BriefWire