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2017 Supreme(SC) 43

DIPAK MISRA, PRAFULLA C.PANT
Reliance Telecom Ltd. – Appellant
Versus
Union of India – Respondent


JUDGMENT

Dipak Misra, J.

The three transferred cases, namely, Transfer Case (Civil) No. 43 of 2015, Transfer Case (Civil) No. 64 of 2015 and Transfer Case (Civil) No. 65 of 2015, had their origin in the High Courts of Delhi, Tripura and Karnataka respectively. The High Courts were moved under Article 226 of the Constitution challenging the terms and conditions of Notice Inviting Application-2015 (for short, ‘NIA’) for allocation of spectrums in various areas. The High Court of Tripura in W.P.(C) No. 52 of 2015 and W.P.(C) No. 53 of 2015 was prayed for grant of interim relief which included extension of permission to the participants in the NIA to be bidded for minimum 4.4 MHz, IN 900 MHz band in the North East service area. The High Court, while dealing with interim prayer, directed as follows:-

“Therefore, at this stage, we feel that only the following order should be passed: Both the petitioners are permitted to submit 2 applications instead of one. One application may be for 4.4. MHz and the other application will be for a minimum of 5 MHz and may extend up to 8.8, if the pet














































































































































































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