ORDER :

Arvind Singh Chandel, J.

1. The petitioner in the instant petition had originally assailed the constitutionality and validity of the Chhattisgarh Municipal Corporation (Erection of Temporary Tower or Structure for Cellular Mobile Phone) Rules, 2010 (henceforth ‘the Rules of 2010’) (which were notified vide notification No.5062/1405/18/2010 dated 24.9.2010) (Annexure P3) as being ultra vires to the Constitution of India and its enactment being beyond the legislative competence and jurisdiction of the State of Chhattisgarh, thus, being violative of Articles 14, 19(1)(g), 245 and 246 of the Constitution of India. This challenge was subject matter in a bunch of 20 other writ petitions, lead petition being Writ Petition (C) No.6324 of 2011 (Reliance Infratel Limited v. State of Chhattisgarh and others) before this Court, wherein, vide final order dated 12.2.2020, this Court upheld the validity of the Rules of 2010 and dismissed the bunch of the writ petitions holding that the State Government was well within its jurisdiction to legislate upon the subject matter under question, by holding that G.B.M. Towers are within the domain of ‘Land and Building’ under Entry No.49 of the State List (List II of Schedule VII of the Constitution of India) and thus the State Government is empowered to legislate upon the same.

2. Another issue involved in this matter is the levy of compromise fee/ compounding fee/settlement fee to the tune of 15 to 50 times of the permit fee imposed upon the petitioner company under Rule 6 of the Rules of 2010 vide the impugned order dated 21.5.2019 (Annexure P21).

3. Facts of the case, in short, are that the petitioner is a company incorporated under the provisions of the Companies Act, 1956. The petitioner is a leading telecom service providing mobile-data and broadband services in the States of Madhya Pradesh and Chhattisgarh by virtue of a licence issued by the Department of Telecommunication, Ministry of Communication and Information Technology, Government of India. Respondents 1 to 4 are administrative authorities and bodies that function under the State Government of Chhattisgarh. On 6.6.2006, Department of Urban Administration and Development, Government of Chhattisgarh issued a circular bearing No.2780/175/18/2006 (Annexure P1) and laid down certain criteria for obtaining permission for erection of mobile towers and fixed Rs.15,000 as the one time permission fee and Rs.1,500 as renewal fee. Subsequently, the said circular of 2006 was substituted by another circular dated 18.11.2009 (Annexure P2) issued by the same department of the Government of Chhattisgarh. Vide this new circular, the fee for permission as well as for renewal was increased to Rs.75,000 and Rs.15,000, respectively, and further, 15 to 50 times of the permit fee towards the compounding fee. Thereafter, the Department of Urban Administration and Development, Government of Chhattisgarh, vide its notification dated 24.9.2010 (Annexure P3) prescribed rules known as the Chhattisgarh Municipal Corporation (Erection of Temporary Tower or Structure for Cellular Mobile Phone) Rules, 2010 in exercise of the powers conferred by Section 317-A read with Section 433 of the Chhattisgarh Municipal Corporation Act, 1956 and Sections 355 and 356 of the Chhattisgarh Municipalities Act, 1961.

4. The petitioner, vide an affidavit and application dated 8.2.2016 (Annexure P6), had duly brought into the knowledge of respondent 1 about its intention for installation of G.B.M. Towers in Bhilai. Again, vide an application dated 15.12.2016 (Annexure P8), the petitioner sent a letter to respondent 1 for installation of G.B.M. Towers in Bhilai undertaking its commitment to abide by all relevant rules and regulations. Vide notice dated 11.1.2017 (Annexure P9), respondent 2 directed the petitioner to file bond papers worth Rs.100 each for each tower site as an under