Andhra Pradesh HC Directs APEPDCL to Consider Electricity Connection for House Built in Unauthorised Layout, Rules NOC Not a Bar

The Andhra Pradesh High Court held that a buyer with a registered title deed cannot be denied a domestic electricity connection merely because the layout is declared unauthorised, directing APEPDCL to decide the application within three weeks.

Justice Venkateswarlu Nimmagadda, sitting singly at the High Court of Andhra Pradesh at Amaravati, disposed of a writ petition on 29 June 2026, directing the Andhra Pradesh Eastern Power Distribution Company Limited (APEPDCL) and its subordinate officers to consider and decide a pending new domestic electricity connection application within three weeks. The petitioner, Garikina Satyarao of Pedateenarla village in Anakapalli district, had purchased a plot in 2023 through a registered sale deed, built a residential house on it, and applied for a new service connection. APEPDCL refused to process the application without a No-Objection Certificate (NOC) from the local gram panchayat. The court found that position untenable under the General Terms and Conditions of Electricity Supply, which extend connection rights even to encroachers, let alone a person holding registered title.

The Dispute Before the High Court

Garikina Satyarao purchased a plot bearing Survey No. 113-9B at Pedateenarla village, Nakkapalli Mandal, Anakapalli District, through a registered sale deed dated 9 November 2023. The layout in which the plot falls was declared an unauthorised layout. The petitioner constructed a residential house on the plot and submitted New Service Connection Application No. NSCREG03924523 to APEPDCL seeking a domestic electricity connection. He also submitted a representation dated 4 June 2026 when no action was taken.

Respondents 2 to 5 — APEPDCL's Chairman and Managing Director, the Superintendent Engineer (Operation Circle, Anakapalli), the Deputy Executive Engineer (Atchutapuram), and the Assistant Executive Engineer (Upmaka) — declined to process the application. Their position, as placed before the court by the standing counsel, was that without an NOC or house tax receipt from the 7th respondent, the Pedateenarla Gram Panchayat, the application could not be considered.

The petitioner challenged this refusal under Article 226 of the Constitution of India, contending it was arbitrary, violated Articles 14, 19, 21 and 300A of the Constitution, and ran counter to the Electricity Act, 2003.

Whether an Unauthorised Layout Classification Extinguishes the Right to a Connection

The central legal question was whether APEPDCL could insist on an NOC from the gram panchayat as a precondition for processing an electricity connection application, particularly when the applicant holds a registered title and is in undisputed possession.

The standing counsel for the respondents maintained that the absence of an NOC or house tax clearance from the gram panchayat was the reason for non-consideration. No counter-affidavit disputing the petitioner's title or possession was placed on record. Counsel for the petitioner argued that the layout's classification as unauthorised could not, by itself, defeat the right to electricity supply when the General Terms and Conditions of Electricity Supply set a lower threshold for eligibility.

How the Court Reasoned

Justice Nimmagadda examined the General Terms and Conditions of Electricity Supply and found that they expressly contemplate granting service connections even to encroachers and rightful possessors. The court noted that the petitioner's position was materially stronger: he holds a registered sale deed and there is no dispute about either title or possession over the subject property.

The court stated that the mere fact that the layout has been declared unauthorised cannot invalidate the petitioner's claim to an electricity service connection when the governing terms and conditions of supply do not make authorisation of the layout a prerequisite. Because an encroacher is eligible, a titled owner in an unauthorised layout stands on better footing and cannot be denied the connection on that ground alone.

The court accordingly held that APEPDCL and its officers “cannot deny the entitlement of the petitioner to have an electricity service connection.” The refusal to even process the application without an NOC from the gram panchayat was treated as unsustainable.

Directions Issued

The court directed Respondents 2 to 5 to consider the petitioner's application and pass appropriate orders within three weeks of receiving a copy of the order. The respondents were given the liberty to provide the petitioner an opportunity of hearing before deciding, if they considered it necessary. The court further directed that if the petitioner is otherwise eligible in all respects, the electricity service connection shall be granted to the subject property.

Outcome

Writ Petition No. 16579/2026 was disposed of on 29 June 2026 with the directions noted above. The interlocutory application filed under Section 151 CPC, IA No. 1 of 2026, and any other pending miscellaneous applications were closed as a consequence. No order as to costs was made.