Citizens Can’t Be Left In Lurch Due To Failure Of System: Punjab & Haryana HC Orders Temporary Electricity Connection To Residents Of Abandoned Project

The petitioner, an association of residents of Sushma Valencia Apartments, approached the High Court seeking a direction to the respondents to issue electricity connections to more than 500 families residing in the said housing project in Zirakpur. It was alleged that the directors of the builder/developer-respondent company had abandoned the project and were absconding.

The Single Bench of Justice Sanjay Vashisth stated, “The citizen of this country are residing in a welfare state and they cannot be left in lurch due to failure of the system/administration. In the scorching heat, which is being experienced in this part of the country now-adays, a large number of human beings which also includes small children, old aged persons and females, cannot be left remediless and compelled to first fulfil all the rigmaroles of the technicalities to get regular electricity supply.”

“Meanwhile, on payment of usual charges Rs.20,000/- by each of the resident/consumer, temporary electricity connection would be provided by the respondent-PSPCL, till further orders. However, upon release of such temporary electricity connections, the consumers would be liable to pay further charges as may be leviable as per actual electricity consumption”, it ordered.

Advocate Gurminder Singh Dhot represented the Petitioner, while Deputy Advocate General Manjinder Singh Bhullar represented the Respondent.

Factual Background

The Authorities granted a license to the respondent, Suksha Developers Private Limited, to develop a residential colony and construct apartments. The layout of the Project was approved by the Chief Town Planner, Punjab and the builder’s license expired on August 24, 2023. PSPCL issued a circular to the effect that residents of abandoned projects/colonies may be issued an electricity connection. The Directors of the respondent were allegedly on the run, and had abandoned the project.

The Respondent Superintending Engineer issued a letter to the Deputy Commissioner, SAS Nagar Mohali, to declare Sushma Valencia an abandoned project. The respondent in a similar case granted connection to residents of Sunny Enclave, Mohali, where promoters of the project failed to deposit the requisite charges. The petitioner Association had requested the respondents to release individual electricity connections to the residents of the colony. The co-ordinate Bench asked the PSPCL to consider the request of every resident of the aforesaid project who was ready and willing to deposit the requisite charges. The petitioner-association thus filed the application for directing respondents to immediately issue electricity connections to 500 families, after receiving the requisite charges, in compliance with this order.

Arguments

It was the case of the respondents that if the members of the petitioner-association were ready to pay an amount of Rs 4,44,58,757, which did not include the penalty liability of Rs.43,55,463, the second respondent and PSPCL would provide electricity connections to the consumers/members of the petitioner-association.

It was the case that the applicant/petitioner association that out of the total 900 flats, 700 dwelling units had already been constructed, and in 125 residential units/flats, PSPCL was supplying the electricity which was being consumed by such consumers/residents of the petitioner association.

Reasoning

While observing that citizens of the country are residing in a welfare state and they cannot be left in a lurch, the Bench also highlighted how such people have invested their hard earned money with the hope to live in a shelter according to their stature.

As per the Bench, it is the bounden duty of the State machinery to develop a mechanism/rules/regulations beforehand, while issuing license/permissions to the builders that in a given situation as is accruing in the present case, how the respite would be provided to the consumers, to whom actually the services/ shelters were to be provided by the State machinery through such builders, who is/are at run as on date.

The Bench thus directed the Superintending Engineer or any other senior responsible officer of the respondent-PSPCL to convene a meeting and apprise the Court of the decision/ solution taken in this regard, especially keeping in view the difficulties faced by the members of the petitioner-association. “The representatives of the petitioner-association can also be called to attend such meeting”, it added.

The Bench further held that on payment of usual charges Rs 20,000 by each of the resident/consumer, temporary electricity connection would be provided by the respondent-PSPCL, till further orders. The Bench clarified that it would be a stop gap arrangement and would not give a right to the members of the petitioner-association for regularization of such temporary electricity connections into permanent one.

Cause Title: Sushma Valencia Apartment Owners Association v. State of Punjab (Case No.: CM-9761-CWP-2026)

Appearance

Petitioner: Advocate Gurminder Singh Dhot

Respondent: Deputy Advocate General Manjinder Singh Bhullar, Advocates Priyanka Malik, Pradeep Sharma

Click here to read/download Order