Electricity connection not given on leased property.
avinash
(Querist) 28 October 2015
This query is : Resolved
I signed an agreement to lease a piece of land in March 2015(valid for four years).The lease states that I would erect a shed(using steel sheets and iron rods) covering roughly 2800 square feet.The lease also states that I would operate a sports training academy on the said premises until the lease period expires.
While erecting the shed,I requested the owner of the land to apply for electricity connection(Tamilnadu) & gave him a deposit amount,which would be returned to me when i completed the lease.
I then found out that there was a property dispute for the said piece of land between the owner and a third party which has been ongoing since 2001.
I am unable to operate the proposed business without electricity.The owner has been prolonging this matter by telling me he is trying his best to solve the issue & that he will eventually give me an electricity connection.The Assistant Engineer(Madurai) has told me that it is not possible to give electricity connection unless the court decides to pass an order if favour of my owner.
I have invested nearly Rs 15,00,000(lease+shed+equipment).
What recourse do I have?
Anirudh
(Expert) 30 October 2015
It seems that you failed to do due diligence before entering into the lease agreement. (Perhaps you wanted to save on the fee payable to a lawyer, in case you availed his services!)
When the property is under dispute, and pending in the court, you will have difficulty in obtaining the electricity connection.
You can ask your owner to apply to the court for permission to get electricity connection (if need be by agreeing to give the lawyer fee for this effort).
avinash
(Querist) 30 October 2015
Respected sir,
I accept I failed to do due diligence,but not because I was unwilling to pay a lawyer.
I currently do have a lawyer working on this case(chosen from this website).
I was merely looking for a second opinion(which i am willing to pay for).
The owner has already applied to the court & TNEB(Madurai) for permission to get electricity.He has been turned down by both.
If you are willing to give me an opinion as to what my options are I would gladly be willing to pay you for the same.
Thanking you
Avinash
avinash
(Querist) 30 October 2015
I still need help.
Guest
(Expert) 30 October 2015
Even If the Property is Under Litigation your self could Apply for Electricity Connection Directly as a Lawful Tenant.Electricity Connection is One of the Basic requirement in Life Which Can Not be Denied.Let the concerned Engineer give his Refusal in Writing.Better You apply Directly and the Expenses could be Collected From the Land Lord.If Required Take the Help of Local Good Advocate.
krishna mohan
(Expert) 30 October 2015
Based on the facts given by you, is it correct that the lawyers effort to get court order for EB connection has been rejected? If not you may like to pursue the same with an able lawyer as advised by experts locally. You may also try to avail the services of professionals who liase with EB to get you the solution including the temporary line.
