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‘Electricity bill no proof that structure is authorised’

BySahyaja MS
Dec 01, 2023 07:24 AM IST

The Bombay High Court has stated that electricity bills cannot be considered proof of legitimacy of a building structure. The court made the observation in an effort to curb illegal constructions. The Maharashtra State Electricity Distribution Company Ltd. has agreed to include a statement on its bills and applications clarifying that the bill does not prove authorization or ownership of the premises. The court will continue to hear the matter on January 3.

MUMBAI: In its effort to curb illegal constructions, the Bombay high court (HC) on Thursday made certain key observations that electricity bills cannot be termed as proof of legitimacy of a building structure and a building cannot be termed authorised merely on account of existence of an electricity connection to it, the court said.

HT Image
HT Image

“Mere application for electricity connection through a distribution licensee has nothing at all to do with the construction and erection of the structure. Electricity application is not equated to ownership. All the licensee needs to know is the address of the applicant. It is impossible for the distribution licensee to assess the quality of ownership of the premise in question, let alone structures that do or do not have the requisite permission, said a division bench of Justice Gautam Patel and justice Kamal Khata.

After the observations, Maharashtra State Electricity Distribution Company Ltd. (MSEDCL), the company distributing electricity, assured the bench that it shall include a statement in its bills and applications for new connections, a statement clarifying the position.

Electricity bills will now include a statement: This bill for power supply cannot be treated or utilised as proof that the premises for which the supply has been granted is an authorised structure, nor would the issuance of the bill amount to proof of ownership of the premises,” said the bench.

The counsel for MSEDCL said the statement will be bilingual, that is, in both English and Marathi and a similar statement shall also be included in the applications for fresh connections.

As there are 17 electricity distributors in the state, including MSEDCL, the obligation falls on the Maharashtra Electricity Regulatory Commission to pass such a direction to all.

The bench was hearing a suo-motu petition initiated by the court to investigate the illegal structures built on the land vested with the state-owned City and Industrial Development Corporation (CIDCO) in the Ghansoli area in Navi Mumbai.

A four-storey residential building in Navi Mumbai forms the heart of the matter before the bench. Of the 29 flats in the Om Sai apartments, 23 are occupied, five are locked, and one is vacant. The court noted that these constructions have electricity and water connections, despite having no sanctions for the construction of the building from the planning authority.

In its last hearing, the court had appointed a court receiver to inspect the illegal building - Om Sai Apartments constructed without obtaining any permissions from the Navi Mumbai Municipal Corporation. The court had also asked MSEDCL to explain how a state-run distributor had given electricity connections to these purportedly illegal buildings.

The court will now hear the matter on January 3.

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