RAJIV SAHAI ENDLAW, J.

1. These writ petitions impugn Office Order dated 20th November, 2003, Circular dated 7th February, 2008 and the Office Order dated 8th April, 2010 of the respondent MCD levying fee and stipulating other conditions for grant of permission for installation of temporary structures / towers on rooftops for providing Cellular Basic Mobile Phone services. The Office Order dated 20th November, 2003 levied One Time Permission Charges of Rs.1 lac per site/tower and in case the site/tower was shared with other Cellular Phone Operator(s), an additional amount of Rs.50,000/- per sharing; it also prescribed certain other conditions to be satisfied. However, the Lt. Governor, Delhi, in the light of certain reports that the said towers are a health hazard, vide order dated 13th September, 2007 directed the Municipality to keep fresh applications for permission for installation of towers in abeyance. Vide subsequent letter dated 10th January, 2008 the Lt. Governor permitted consideration of fresh applications for installation of towers on compliance of certain other conditions. The same resulted in the Circular dated 7th February, 2008 supra, impugned in these writ petitions. Vide Office Order dated 8th April, 2010, and which was / is in super session of all earlier orders on the subject, MCD laid down fresh terms and conditions for grant of permission for installation of the said towers and also required the existing towers to satisfy/comply with the conditions so laid down. The fee was also enhanced to Rs.5 lacs per tower for a period of five years and Rs.1 lac per service provider in case of sharing.

2. The challenge by the petitioners is primarily to the fee prescribed for grant of permission. However, certain other terms and conditions imposed are also challenged. It is the contention of the petitioners that imposition of fee and any other condition for installation of towers is beyond the purview of the jurisdiction of MCD. The writ petitions were accompanied with applications for interim relief.

3. Notice of the writ petitions and the applications for interim relief was issued. Vide order dated 31st May, 2010, the operation of the Office Order dated 8th April, 2010 was stayed till the decision of the writ petitions subject to payment of Rs.2 lacs out of Rs.5 lacs per tower and Rs.50,000/- per service provider in case of sharing, in the name of Registrar General of this Court by FDR and on furnishing undertaking that the balance amount along with interest at the Bank rate payable on fixed deposit shall be paid in the event of the writ petitions being dismissed. A direction was also issued for constitution of a Committee of Technical and Medical Experts to examine the question of health hazard, if any from the said towers.

4. Intra Court Appeals were preferred by the petitioners as well as the MCD against the said interim order. Vide interim order dated 4th June, 2010 in the said Appeals, out of Rs.2 lacs directed to be deposited in this Court by way of FDR, Rs.1 lac was directed to be paid directly to the MCD and Rs.1 lac by way of FDR in favour of the MCD. The constitution of the Committee was also stayed. The petitioners preferred Special Leave Petitions to the Supreme Court. Though the said SLPs were dismissed but it was directed that till the disposal of the appeals, MCD shall not encash the FDRs directed in its favour. The Division Bench of this Court vide judgment dated 8th July, 2010 disposed of the appeals in terms of the order dated 4th June, 2010 as modified by the Supreme Court and with a further direction for expeditious decision of the writ petitions. The counsels for the parties have been heard.

5. First, the pleadings of the petitioners (all counsels argued with reference to pleadings in W.P.(C) No.3267/2010) may be noticed as under:-

(i) That earlier the Central Government through the Department of Telecommunications worked telegraph throughout India.

(ii) National Telecom