Bringing relief to no less than 500 families, the Punjab and Haryana High Court has made it clear that Sushma Valencia Apartment Owners Association would, as undertaken, install internal low-distribution (LD) system at its own expense and deposit Rs 2.17 crore with the Punjab State Power Corporation Limited (PSPCL).
The electricity distributor and other authorities concerned would, in turn, take all possible steps to supply electricity to the members of the petitioner association as expeditiously as possible, preferably within four weeks from depositing the amount.
The development came on a petition filed by the association seeking directions to authorities to provide electricity connections to more than 500 families residing in the project. The association contended that the builder had abandoned the project without paying the requisite charges to the electricity distributor.
Disposing of the petition, Justice Vikas Bahl recorded the undertaking of the association that it would install the internal LD system through an independent approved contractor within three weeks and deposit the amount with the competent authority within the same period.
The court directed that the respondents, including PSPCL authorities, would take all possible steps to supply electricity to members of the association as expeditiously as possible, preferably within four weeks from the deposit.
The court also recorded the association’s undertaking that it would install the internal LD system in accordance with established norms, and in that eventuality there would be no requirement to furnish a bank guarantee.
Senior counsel appearing for PSPCL during the hearing submitted that a total expenditure of about Rs Rs 5.01 crore was involved for the purpose of providing permanent electricity connections. However, if the petitioner association established internal LD system to the satisfaction of the authorities, the amount required to be paid would stand reduced to Rs 2.17 crore.
The case had earlier drawn strong observations from a coordinate Bench of the High Court on the plight of homebuyers in abandoned housing projects. Justice Sanjay Vashisth’s Bench had then made it clear that people, including children, women and the elderly, could not be left without electricity in the “scorching heat" prevailing in the region.
The Bench had also directed PSPCL and other authorities concerned to work out a permanent solution to the power crisis faced by over 500 families residing in an abandoned Zirakpur housing project.
Justice Vashisth had added that builders often enticed the buyers into investing their hard-earned money in attractive housing projects only to later abandon them.
The Bench further made it clear that the State could not escape its responsibility in such situations, and that it was the “bounden duty" of the authorities concerned to put in place mechanisms and regulations when granting licences to builders, so that consumers were not left helpless if a developer abandoned a project.
“The citizens 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 nowadays, a large number of human beings –– which also includes small children, aged persons and females –– cannot be left remediless and compelled to first fulfil all the rigmaroles of the technicalities to get regular electricity supply. Moreover, such people have invested their hard earned money with the hope to live in a shelter according to their stature,” Justice Vashisth had asserted.
Expressing concern over the recurring plight of homebuyers in stalled housing projects, Justice Vashisth had asserted: “The builders/developers first of all allure people by showing lucrative projects and make them ready to invest their hard earned money in such projects. After collecting crores of rupees from such people and pocketing it, the net result comes out that on a fine day the responsible persons of the developer/builder absconds making the investors to suffer without any fault on their part."
In an attempt to ensure a long-term solution, Justice Vashisth had directed the Superintending Engineer or any other senior officer of PSPCL to convene a meeting with State authorities concerned, including GMADA, and apprise the court of the decision taken. Representatives of the residents’ association may also participate in the meeting.
