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2020 Supreme(SC) 519

ARUN MISHRA, S.ABDUL NAZEER, M.R.SHAH
UNION OF INDIA – Appellant
Versus
ASSOCIATION OF UNIFIED TELECOM SERVICE PROVIDERS OF INDIA ETC. ETC. – Respondent


Advocates appeared:
For the Petitioner(s):K V Vishwanathan, Mahesh Agarwal, Rishi Agrawala, Vishrov Mukherjee, Karan Luthra, Ankit Banati, Anirudh Bhatia, Rohit Venkat, E.C. Agrawala, Advocates

JUDGMENT

1. This Court passed judgment and order in C.A. Nos.6328-6399 of 2015 – Union of India v. Association of Unified Telecom Service Providers of India and other civil appeals decided by a common judgment and order dated 24.10.2019. The Court decided regarding the definition of the 'AGR' and dues to be paid thereunder.

2. The concept of AGR arose in the light of the provisions contained in the policy framed by the Government of India and the provisions of the Indian Telegraph Act. Under section 4(1) of the Telegraph Act, the Central Government has the exclusive privilege of establishing, maintaining, and working telegraphs. Section 4 of the Telegraph Act enables the Central Government to part with the exclusive privilege in favour of any other person by granting a licence on such conditions and considering such terms as it thinks fit. The licence issued under section 4(1) becomes a contract between a licensor and a licensee. This Court considered the provisions of the Telegraph Act in AUSPI (I) matter – (2011) 10 SCC 543 in this very case, thus:

    “37. A bare perusal of subsec


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