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GUJARAT HIGH COURT
V. M. Sahai, A. J. Desai, JJ
Indus Towers Ltd. – Appellant
Versus
Surat Municipal Corporation – Respondent
LETTERS PATENT APPEAL No. 1873 of 2011 | LETTERS PATENT APPEAL No. 1961 of 2011 | SPECIAL CIVIL APPLICATION No. 2431 of 2011 | SPECIAL CIVIL APPLICATION No. 2674 of 2011
For the Appellants/Petitioners: MR SHALIN N MEHTA, MS. VIDHI J BHATT
For the Respondents: MR PRASHANT G DESAI, SR. COUNSEL, MRUGEN K PUROHIT, MS JIRGA JHAVERI AGP
The court ruled that demands for excessive documents by the municipal corporation for telecommunication equipment installation were unjustified, reinforcing regulatory compliance under the GDCR.
Headnote:(A) Indian Telegraph Act, 1885 - Sections 4, 10, 11, and 12 - General Development Control Regulations - Demand for documents for No Objection Certificate to erect telecommunication towers - Denial of documents deemed excessive and unreasonable; conditions for installation and operation of mobile towers clarified as per Clause 20.11 of GDCR. (Paras 11, 21, 24)
(B) Writs - Clarity on rights of construction and certification of buildings - Courts should enforce provisions within the framework provided by regulatory bodies. (Paras 18, 22)
Facts of the case:
The appellant challenged the Surat Municipal Corporation's requirement for additional documents to obtain a No Objection Certificate for installing telecommunication towers. The appellant argued that under the GDCR, they complied with all necessary conditions.
Findings of Court:
The court ruled against the Corporation’s demands for additional documentation beyond Clause 20.11 and directed the return of fees collected for unreasonable sealing/desealing actions.
Issues: The court addressed the legality of document demands and the appropriateness of fees for sealing towers.
Ratio Decidendi: The court found that the demands exceeded regulatory requirements and clarified the lawful operation of telecommunication infrastructure as outlined in the GDCR.
Result: Appeals allowed.
| Table of Content |
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| 1. introduction to case, details of appellant and regulatory context. (Para 1 , 3 , 4) |
| 2. details of municipal corporation's demand and appellant's compliance. (Para 5 , 8) |
JUDGEMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1873 of 2011 In SPECIAL CIVIL APPLICATION No. 2431 of 2011 To LETTERS PATENT APPEAL No. 1961 of 2011 In SPECIAL CIVIL APPLICATION No. 2674 of 2011 With CIVIL APPLICATION No. 12003 of 2011 In LETTERS PATENT APPEAL No. 1873 of 2011 For Approval and Signature: HONOURABLE MR.JUSTICE V. M. SAHAI HONOURABLE MR.JUSTICE A.J. DESAI ========================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? YES 2 To be referred to the Reporter or not ?YES 3 Whether their Lordships wish to see the fair copy of the judgment ?YES 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?YES 5 Whether it is to be circulated to the civil judge ? NO ========================================= INDUS TOWERS LTD., THROUGH CONSTITUTED ATTORNEY, RAJU Versus SURAT MUNICIPAL CORPORATION & ANR ========================================= Appearance : MR SHALIN N MEHTA ASSISTED BY MS. VIDHI J BHATT for Appellants MR PRASHANT G DESAI, SR. COUNSEL ASSISTED BY MRUGEN K PUROHIT for Respondent No. 1 MS JIRGA JHAVERI AGP for Respondent No. 2 2/18 JUDGMENT ========================================= CORAM : HONOURABLE MR.JUSTICE V. M. SAHAI and HONOURABLE MR.JUSTICE A.J. DESAI Date : 07/03/2012 CAV JUDGMENT (Per : HONOURABLE MR.JUSTICE A.J. DESAI) 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 Indian 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 it’s 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.
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. 3/18 JUDGMENT 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 Indian Telegraph Act, 1885 is necessary.
- Government of India, Ministry of Communications and IT, 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 Indian 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 PUF material made on fibres; electronic panel; base Transceiver Station (BTS) and other ratio transmission and reception equipment; a diesel generator set; six poles
