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2023 Supreme(Del) 4181

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Vodafone Idea Limited – Appellant
Versus
Telecom Regulatory Authority of India – Respondent


Advocates appeared:
W.P.(C) 11740/2016 & CM APPL. 46239/2016, 21714/2017, 35305/2017, 35306/2017,7426/2020, 13820/2018
Mr. Gopal Jain, Senior Advocate with Mr. Manjul Bajpai, Mr. Manu Krishnan, Mr. Vipul Singh and Ms. Madhavi Agarwal, Advocates, for the Petitioners in W.P.(C) 11740/2016 & CM APPL. 46239/2016, 21714/2017, 35305/2017, 35306/2017,7426/2020, 13820/2018 and W.P.(C) 685/2017 & CM APPL. 3138/2017, 41382/2017.
Mr. Ramji Srinivasan, Senior Advocate and Mr. Ritin Rai, Senior Advocate with Mr. K R Sasiprabhu, Mr.Aabhas Kshetrapal, Mr. Aditya Swarup, Mr. Tushar Bhardwaj, Mr.Vishnu Sharma, Mr. Manan Shishodia and Mr. Prakhar Agarwal, Advocates, for the Respondent in W.P.(C) 11740/2016 & CM APPL. 46239/2016, 21714/2017, 35305/2017, 35306/2017,7426/2020, 13820/2018 and W.P.(C) 685/2017 & CM APPL. 3138/2017, 41382/2017.
Ms. Arunima Dwivedi, CGSC with Ms. Pinky Pawar and Mr. Aakash Pathak, Advocates, for Union of India in W.P.(C) 11740/2016 & CM APPL. 46239/2016, 21714/2017, 35305/2017, 35306/2017,7426/2020, 13820/2018.
Mr. Manish Mohan, CGSC with Mr.Jatin Teotia, Advocate, for UOI in W.P.(C) 685/2017 & CM APPL. 3138/2017, 41382/2017.
Ms. Arunima Dwivedi, CGSC with Ms. Pinky Pawar and Mr. Aakash Pathak, Advocates, for UOI in W.P.(C) 685/2017 & CM APPL. 3138/2017, 41382/2017.

JUDGMENT

Subramonium Prasad, J.

1. The primary challenge in the present writ petitions is to the impugned recommendation dated 21.10.2016 passed by the Telecom Regulatory Authority of India (hereinafter referred as `Respondent No. 1') on the ground that impugned recommendation made by the Respondent No.1/TRAI to the Secretary, Department of Telecommunication for penal action of Rs.50 crores per Licensed Service Area (LSA) for all 21 LSAs except for Jammu and Kashmir where POI congestion exceeded the allowable limit of 0.5% as reported by Vodafone through their letter dated the 23rd September, 2016 is contrary to law and deserves to be struck down.

2. It is pertinent to mention here that certain other prayers have also been sought for in W.P.(C) 685/2017 which are not being decided at present for the reason that the arguments have primarily been advanced by the Counsels only on the recommendation dated 21.10.2016 passed by the Telecom Regulatory Authority of India.

3. Petitioner No. 1 is a Unified Access Service Provider with established Cellular mobile network all across India in 21 circles excluding Mumbai. Petitioner No. 2 is a Unified Access Service Provider in Mumbai Circle.

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