- 1 - HC-KAR NC: 2025:KHC:27604-DB WP No. 20699 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 20699 OF 2022 (GM-KEB-PIL) BETWEEN: CITIZENS ACTION FORUM, A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, 1960, HAVING ITS REGISTERED ADDRESS AT: NO.593, 24TH CROSS, BANASHANKARI 2ND STAGE, BENGALURU-560 070. REP. BY ITS AUTHORISED SIGNATORY, VIJAYAN MENON, HAVING AADHAR NO. 906370379174, PAN NO.: ACXPM9633J, MOBILE NO.9886031420, EMAIL: menonvij@gmail.com. …PETITIONER (BY SRI HARISH.B NARASAPPA, SENIOR ADVOCATE A/W MS. NITYA KOLIGOTLA, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF ENERGY, VIKASA SOUDHA, BENGALURU-560 001. THROUGH ITS ADDITIONAL CHIEF SECRETARY. 2. KARNATAKA ELECTRICITY REGULATORY COMMISSION, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27604-DB WP No. 20699 of 2022 CONSTITUTED UNDER THE KARNATAKA ELECTRICITY REFORM ACT, 1999, NO.16, C-1, MILLERS TANK BED AREA, VASANTH NAGAR, BENGALURU-560 052. REP. BY ITS CHAIRMAN. 3. BRUHAT BANGALORE MAHANAGARA PALIKE, N R SQUARE, BENGALURU-560 002. REP. BY ITS CHIEF COMMISSIONER. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 & 3; SRI B.N PRAKASH, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA, 1950 PRAYING TO a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, STRIKING DOWN THE IMPUGNED AMENDMENT i.e., THE CONDITIONS OF SUPPLY OF ELECTRICITY OF DISTRIBUTION LICENSEES IN THE STATE OF KARNATAKA (COS) (TENTH AMENDMENT) 2022 NOTIFIED BY THE RESPONDENT NO.2 VIDE NOTIFICATION BEARING NO.KERC/COS/TECH/01/DDD/22-23/399 DATED 01/07/2022, PRODUCED AT ANNEXURE-A, AS MANIFESTLY ARBITRARY AND UNREASONABLE ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:27604-DB WP No. 20699 of 2022 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The learned counsel appearing for the petitioner referred to a recent decision of the Hon'ble Supreme Court in Rajendra Kumar Barjatya and another Vs. U.P. Avas Evam Vikas Parishad and others1 and connected matter and drew our attention to paragraph 21, of the said decision, which reads thus: "21. Therefore, in the larger public interest, we are inclined to issue the following directions, in addition to the directives issued by this Court in Re: Directions in the matter of demolition of structures (supra): (i) While issuing the building planning permission, an undertaking be obtained from the builder/applicant, as the case may be, to the effect that possession of the building will be entrusted and/or handed over to the owners/beneficiaries only after obtaining completion/occupation certificate from the authorities concerned. 1 2024 INSC 990 - 4 - HC-KAR NC: 2025:KHC:27604-DB WP No. 20699 of 2022 (ii) The builder/developer/owner shall cause to be displayed at the construction site, a copy of the approved plan during the entire period of construction and the authorities concerned shall inspect the premises periodically and maintain a record of such inspection in their official records. (iii) Upon conducting personal inspection and being satisfied that the building is constructed in accordance with the building planning permission given and there is no deviation in such construction in any manner, the completion/occupation certificate in respect of residential/commercial building, be issued by the authority concerned to the parties concerned, without causing undue delay. If any deviation is noticed, action must be taken in accordance with the Act and the process of issuance of completion/occupation certificate should be deferred, unless and until the deviation pointed out are completely rectified. (iv) 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. (v) Even after issuance of completion certificate, deviation/violation if any contrary to the planning permission brought to the notice of the authority immediate steps be taken by the said authority - 5 - HC-KAR NC: 2025:KHC:27604-DB WP No. 20699 of 2022 concerned, in accordance with law, against the builder/owner/occupant; and the official, who is responsible for issuance of wrongful completion/occupation certificate shall be proceeded departmentally forthwith. (vi) No permission/licence to conduct any business/trade must be given by any authorities including local bodies of States/Union Territories in any unauthorized building irrespective of it being residential or commercial building. (vii) The development must be in conformity with the zonal plan and usage. Any modification to such zonal plan and usage must be taken by strictly following the rules in place and in consideration of the larger public interest and the impact on the environment. (viii) Whenever any request is made by the respective authority under the planning department/local body for co-operation from another department to take action against any unauthorized construction, the latter shall render immediate assistance and co-operation and any delay or dereliction would be viewed seriously. The States/UT must also take disciplinary action against the erring officials once it is brought to their knowledge. (ix) In the event of any application/appeal/revision being filed by the owner or builder against the non-issuance of completion certificate or for regularisation of unauthorised construction or rectification of deviation etc., the same shall be disposed of by the authority - 6 - HC-KAR NC: 2025:KHC:27604-DB WP No. 20699 of 2022 concerned, including the pending appeals/revisions, as expeditiously as possible, in any event not later than 90 days as statutorily provided. (x) If the authorities strictly adhere to the earlier directions issued by this court and those being passed today, they would have deterrent effect and the quantum of litigation before the Tribunal/Courts relating to house/building constructions would come down drastically. Hence, necessary instructions should be issued by all the State/UT Governments in the form of Circular to all concerned with a warning that all directions must be scrupulously followed and failure to do so will be viewed seriously, with departmental action being initiated against the erring officials as per law. (xi) Banks/financial instructions shall sanction loan against any building as a security only after verifying the completion/occupation certificate issued to a building on production of the same by the parties concerned. (xii) The violation of any of the directions would lead to initiation of contempt proceedings in addition to the prosecution under the respective laws." [emphasis added] 2. He submits that in light of the view expressed by the Supreme Court, the petition does not survive. - 7 - HC-KAR NC: 2025:KHC:27604-DB WP No. 20699 of 2022 3. The Writ Petition is accordingly disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 34