Karnataka HC seeks state reply on GO waiving occupancy certificate for power connections

Court questions exemption for power connections

The Karnataka High Court on Friday issued a notice to the state government regarding a government order (GO) that exempts applicants from producing an occupancy certificate (OC) to obtain new electricity connections. The division bench, hearing a public interest litigation, questioned the rationale behind the exemption and its potential impact on building safety standards.

The GO, issued by the state's energy department earlier this year, allowed power supply companies to release new connections without verifying the OC. The order was meant to simplify procedures and reduce delays for consumers. However, the court has now sought an explanation from the state on the legality and necessity of such an exemption.

Petitioner argues safety compromise

The petition, filed by a Bengaluru-based activist, argued that the GO undermines the Karnataka Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996. The petitioner claimed that by skipping the OC requirement, the government is encouraging illegal constructions and compromising on safety standards.

According to the petitioner, the OC is a crucial document that certifies a building's compliance with approved plans and safety norms. Without it, power connections could be granted to buildings that are structurally unsafe or constructed in violation of building bylaws.

The court noted that the matter involves public interest and directed the state government to file its response within four weeks. The bench also asked the Karnataka Electricity Regulatory Commission (KERC) to be made a party to the case.

What the government order says

The GO, issued in January 2026, was aimed at streamlining the process of getting power connections for residential and commercial buildings. It stated that electricity supply companies should not insist on the OC at the time of application. Instead, the connection could be granted based on other documents such as tax paid receipts, approved building plan, or a self-declaration from the applicant.

Officials from the energy department had earlier argued that the move was intended to help homeowners who face delays in obtaining OC due to slow municipal processes. They said the exemption would ensure faster electrification of new constructions.

However, urban planning experts have warned that the order could lead to a rise in unauthorised buildings. They point out that without the OC check, there is no mechanism to ensure that a building meets fire safety and structural stability norms.

Court's key observations

During the hearing, the bench observed that the exemption might be in conflict with existing building regulations. The judges asked if the state had consulted the urban development department before issuing the GO.

The court also questioned whether the exemption could be applied retrospectively to buildings that were already in violation of approved plans. The state's counsel sought time to gather instructions and submit a detailed response.

The matter has been listed for further hearing in August 2026. Until then, the GO remains in effect, but the court's notice indicates a possible review of its validity.

The next hearing will focus on the state's justification for the exemption. If the court finds the order legally untenable, it could strike down the GO and reimpose the OC requirement for power connections.