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2011 Supreme(All) 2119

ARUN TANDON
VODAFONE ESSAR MOBILE SERVICES LTD. – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Bharatji Agarwal, Ashish Mishra, Alok Mishra, Kanderpa Narayan Mishra, Subodh Kumar and Anupam Kulshrestra for the Petitioner; Sanjay Gaswami, C.S.C. for the Respondents.

JUDGMENT

Hon’ble Arun Tandon, J.—This bunch of 515 writ petitions (except one) has been filed by various Companies who have obtained license under Section 4 (2) of the Indian Telegraph Act, 1885 to provide Unified Access Services in Delhi and NCR region-service area. To put it simply the petitioner Companies have been granted license to provide various telecoms facilities to the subscribers under the said license. The licensee have been given permission to connect, carry, transmit and deliver voice and/or non-voice messages over licensee’s network in the designated service area and includes provision of all types of access.

2. According to the petitioners to effectively operate their licence granted under the Telegraph Act they become entitled to set up telecoms towers, antenna etc. at different places. The rights so claimed are stated to be pari materia to the rights of the Central Government as conferred under the Indian Telegraph Act specifically Section 10 in respect of installation of transmission lines and other equipments.

3. In furtherance to the rights so conferred upon the petitioner companies under the licence, they have entered into agreements with various property owners


























































































































































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