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Judgment
The Court: The petitioners complain that, the Corporation is withholding permission to excavate a municipal road in order to allow CESC authorities to energize the electric supply to the petitioners.
Learned Advocate appearing for the Corporation on the previous occasion submitted that, by reason of orders passed by the National Green Tribunal, Corporation is unable to permit any person to excavate the municipal road as, the municipality will be hard pressed to restore the excavated area.
Today learned Advocate for the Corporation submits that, the National Green Tribunal had issued subsequent orders. The Corporation will adhere to such orders while considering the request of the petitioners in allowing to the CESC authorities to excavate the road for energization of the electric supply. He, however, draws the attention of the Court to the fact that, the petitioners are yet to obtain the completion certificate.
Learned Advocate appearing for the CESC authorities submits that, CESC authorities are ready and willing to provide electric supply to the petitioners subject to Corporation permitting CESC authorities to excavate the road concerned.
Learned Advocate appearing for the petitioners submits that, the first petitioner has applied for the completion certificate. Such completion certificate is awaited since, the amenities in all respect are not complete. Individual flats are yet to be supplied with electricity. Therefore, he submits that, the petitioners will abide by the directions that may be issued by the Corporation and CESC authorities in this regard.
Apparently, there is an order of the National Green Tribunal governing the field. Such order, however, was not placed before the Court for consideration. It would be in the interest of justice that, the Corporation authorities considers the application made by CESC authorities for permission to excavate the road concerned to provide electric supply to the petitioners, within a period of six weeks from the date of communication of this order. The Corporation authorities are at liberty to either accept the request or reject the same. In the event, it proceeds to reject the request made by the CESC authorities, it will give cogent reasons for the same.
W.P. No. 616 of 2018 is disposed of. No order as to costs.