JUDGMENT :

A.J. Desai, J.

1. The appellant-original petitioner M/s. Indus Towers Limited which is a public limited company incorporated under the Companies Act, 1956 is established to operate Cellular Telephone Services under the licence which has been granted under the provisions of the Telegraph Act, 1885, has challenged the judgment and order dated 14-10-2011 passed by the learned Single Judge in above referred writ petitions dismissing its petitions, by which the appellant/petitioner had challenged the action of Surat Municipal Corporation demanding the documents by its letter dated 10-12-2011 to obtain No Objection Certificate to construct the telecommunication towers at different places.

2. The short facts arising in these appeals are as under :-The appellant-petitioner Indus Towers Limited, is a public limited company incorporated under the Companies Act, 1956 on 20-11-2007 and the registered office of the company is in New Delhi. The company commenced its business on 4-12-2007.

In and around 1995, the Government of India, pursuant to the new Telecom policy, decided to allow private operators to provide basic and cellular telecommunication and paging services in India which would put the country on the global telecommunication map. The Government of India issued circulars to various authorities requiring them to extend all possible help to the private telecom service operators.

To operate cellular telecom services, a licence under the provisions of the Telegraph Act, 1885 is necessary. Government of India, Ministry of Communications and I.T., Department of Telecommunication, had issued a registration certificate on 10-1-2008 registering the appellant-petitioner as infrastructure provider to establish and maintain assets like Dark Fibres, Right of Way, Duct and Tower to be granted on lease, rent, sale basis to the licensees of telecom services under Section 4 of the Telegraph Act, 1885. For providing cellular telephone service, the equipments comprise of a cell site or a cellular mobile transmission tower contain a pre-fabricated shelter made of insulating P.U.F. material made on fibres; electronic panel; base Transceiver Station (B.T.S.) and other radio transmission and reception equipment; a diesel generator set; six poles of 6 to 9 metres length each made of hollow steel galvanised pipes and steel fabricated tower. By a Notification dated 24-5-1999, the Government of India in exercise of powers vested in it under Section 19B of the Telegraph Act, 1885, conferred upon all the Licensee/Private basic telephone service operators the powers under Section 4 of the said Act. By another Notification dated 7-2-2002, the term 'private basic telephone service operators' was widened to include the 'cellular telephone service operators'. In view of the power granted to them by the Central Government, the appellant-petitioner is deemed to be a 'telegraph authority' within the meaning of Section 4 of the said Act. Under Sections 10 and 11 of the Telegraph Act, 1885, a telegraph authority is vested with certain powers including the power to place and maintain the telegraph lines under, over, along or across and posts in or upon any immovable property and to enter on property in order to repair or remove such telegraph lines, etc. upon payment of compensation to the aggrieved party owners. Sections 10 and 11 of the Telegraph Act, 1885 reads as under :

" 10. Power for telegraph authority to place and maintain telegraph lines and posts :- The telegraph authority may, from time to time, place and maintain a telegraph line under, over, along or across and posts in or upon, any immovable property : Provided that

(a) the telegraph authority shall not exercise the powers conferred by this Section except for the purposes of a telegraph established or maintained by the Central Government, or to be so established or maintained.

(b) the Central Government shall not acquire any right other than that of user only in the property under, over, along, across