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2017 Supreme(Tri) 254

S.TALAPATRA
Bharati Hexacom Limited – Appellant
Versus
Union of India, represented by the Secretary to the Ministry of Communications & Information Technology, Department of Telecommunications – Respondent


Advocates Appeared:
For the Petitioners: Dr. A.K. Saraf, Mr. Gopal Jain, Mr. S. Chetia, Mr. R. Nandi, Mr. K. Roy
For the Respondents: Mr. Bidyut Majumder

JUDGMENT :

The petitioner is a cellular mobile operator providing GSM, mobile telephony, broadband services in several States pursuant to the license granted by the Ministry of Communications & Information Technology, Department of Telecommunications under the provisions of Indian Telegraph Act, 1885 and Indian Wireless Telegraphy Act, 1933. The petitioner, being the Telecom Service Provider (TSP), has made huge investment for creating facilities to provide the best services in the relevant areas/regions allotted to it. The Union of India under Section 4 of the Indian Telegraph Act, 1985 has exclusive privilege in respect of telegraphs and power to grant licenses. In exercise of those powers, license was granted to the petitioner. The petitioner and the respondents entered into an agreement for Cellular Mobile Telephone Service in the North-East circle. The respondents granted various telecom licenses to the petitioner from time to time under Section 4 of Indian Telegraph Act, 1885, as amended. The Union of India, hereinafter referred to as the “Government of India”, even though, has exclusive privilege over the telegraph activities prior to 1984, but could not expand the telecom se





































































































































































































































































































































































































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