Amitava Roy, J. - (1.) HEARD Mr. Lokesh Atrey, learned counsel for the petitioner. This petition witnesses a challenge to the validity of Clause 16.2(Cha) of the Jaipur Development Authority (Jaipur Region Building) Regulation, 2010 (for short, hereinafter referred to as 'the Regulation'), thereby issuance of completion certificate has been mandated to be a condition precedent for regular supply of water and electricity to multistoried buildings. There is no wrangle at the Bar that the Regulation has been framed in exercise of powers conferred under Sec. 96(1) of the Jaipur Development Authority Act, 1982 (for short, hereinafter referred to as 'the Act'), which is extracted as hereunder for ready reference: 96. Power to make regulations. - -(1) The Authority may, from time to time, make regulations for all or any of the matters to be provided under this Act by regulations and generally for all other matters for which provision is, in the opinion of the Authority, necessary for the exercise of its powers and the discharge of its functions and duties under this Act.
(2.) ACCORDING to the petitioner, which is a proprietorship firm and engaged in the construction of multistoried residential and commercial buildings and complexes, the requirement of completion certificate as insisted upon by the order dt. 30.11.2012 issued by the Jaipur Vidyut Vitran Nigam Ltd. for the buildings, as referred to therein, to facilitate supply of water thereto, is beyond the purview of the Act and thus, ought to be declared null and void. Reference has been made, in endorsement of this challenge, to Section 37 -A and 37 -B of the Act. Mr. Atrey has argued that though, the Act appropriately provides for completion certificate subject to the terms and conditions as recited in the above legal provisions of the Act and a completion certificate is a condition precedent for supply of the water to the said buildings, the requirement of a completion certificate as insisted upon by the Jaipur Vidyut Vitran Nigam Ltd. vide order dt. 30.11.2012 is wholly incompetent and is violation of the provisions of the statute.
(3.) A bare perusal of Sub -section (1) of Section 96 of the Act makes it abundantly clear that thereby the authority had been vested with the power of making regulations to deal with any of the matters provided under the enactment and "generally for all other matters" which according to it, is necessary to dwell upon discharge its functions and duties under the Act. Having regard to the sweep of the power conferred by Section 96(1) of the Act in making the regulations, we decline to sustain the plea taken on behalf of the petitioner. This is more so as in our comprehension, the insistence for completion certificate for the purpose of supply of water to the buildings contemplated is neither irrelevant nor extraneous, but in our view, essential for the safe and healthy occupation of the said buildings. The challenge fails and accordingly, the writ petition stands dismissed.;