High Court Orders Electricity Supply to Abandoned Zirakpur Housing Project
The Punjab and Haryana High Court has brought relief to over 500 families residing in the abandoned Sushma Valencia housing project in Zirakpur. Justice Vikas Bahl disposed of a petition filed by the Sushma Valencia Apartment Owners Association, recording its undertaking to install an internal low-distribution (LD) system at its own expense and deposit Rs 2.17 crore with the Punjab State Power Corporation Limited (PSPCL). The court directed PSPCL and other authorities to take all possible steps to supply electricity to the association members as expeditiously as possible, preferably within four weeks from the deposit of the amount.
Background of the Petition
The association had approached the High Court 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, leaving residents without power. The court disposed of the petition after the association undertook to 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.
Financial Undertaking and PSPCL's Submission
Senior counsel appearing for PSPCL submitted that a total expenditure of about Rs 5.01 crore was involved for providing permanent electricity connections. However, if the petitioner association established the internal LD system to the satisfaction of the authorities, the amount required to be paid would be reduced to Rs 2.17 crore. 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.
Earlier Observations on Homebuyers' Plight
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 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 directed PSPCL and other authorities concerned to work out a permanent solution to the power crisis faced by over 500 families residing in the abandoned Zirakpur housing project.
Justice Vashisth's Remarks on Builders and State Responsibility
Justice Vashisth had added that builders often enticed 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.
Concern Over Recurring Plight of Homebuyers
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.
