In civil proceedings, where evidence is unchallenged, the burden of proof is satisfied by the preponderance of probabilities; a party retaining infrastructure after the automatic termination of a license agreement is liable for contractual damages and outstanding dues.

JUDGMENT

1. This Petition, under Section 14, of the Telecom Regulatory Authority of India Act, 1997, (hereinafter referred to as “TRAI Act”), has been filed, by Prasar Bharati (Broadcasting Corporation of India) AIR Resources, Room No. 301, Aakashvani Bhavan, Sansad Marg, New Delhi, Petitioner, against M/s Singla Property Dealers Pvt. Ltd., 79, Ganesh Market, Near Overbridge, Hissar, Haryana, with a prayer for a decree, declaring and holding that the use and possession of Respondent of the licensed infrastructure, detailed in the Petition, is unauthorised, illegal and contrary to license agreement, dated 23.03.2006, followed by a mandate to Respondent to forthwith remove its equipment therefrom, an award of damages, at the rate of five times the license fee, @ Rs. 12,44,212/- per annum for the period from 17.07.2009 to 31.12.2015, amounting to Rs. 80,38,510/-, with a further prayer for award of license fee, including delayed payment interest, amounting to Rs. 12,34,255/-, and other reliefs, which this Tribunal deems fit.

2. In brief, the Petition contends that the Petitioner - Prasar Bharati, is a statutory corporation, established under the Prasar Bharati (Broadcasting Corporation of India) Act, 1990, and the General Manager (Commercial) had filed this Petition. The Petitioner is a Public Service Broadcaster in India, having its Broadcasting Network, to run Doordarshan and All India Radio Network, in the country, i.e., the Petitioner is a licensor in terms of Section 2(e) of the TRAI Act. The Respondent is a Company, incorporated under Companies Act, 1956, having its registered office at the address mentioned above, and is engaged in the Broadcasting business. In the year 2005, the Government of India had invited bids for auction of FM Radio Transmission slots, in respect of various cities, by a tender document, annexed as Annexure P-1 to Petition. The Respondent was a successful bidder in respect of city of Hissar. The Government of India had executed an agreement, called “Grant of Permission Agreement” (GOPA), with each entity to which, it granted FM License in respect of each station. In respect of the City of Hissar, a GOPA, dated 11.10.2006, was got executed, in between, the Government of India and the Respondent. This agreement, dated 11.10.2006 is Annexure P-2 to the Petition. One of the conditions specified in the tender document by the Government of India was that the successful bidder would have to set up transmission facilities, on land as well as tower, to be provided by the Petitioner. Pursuant thereto, and for the purpose, an agreement, dated 23.03.2006, was got executed, between Petitioner and Respondent, for Licensed Infrastructure at Hissar. The Licensed Infrastructure was located at the premises of the Petitioner, located at All India Radio, Hissar. The Licensed Infrastructure was comprised of open space, provided by the Petitioner and tower aperture. This agreement, dated 23.03.2006, is Annexure P-3 to Petition. In terms of the agreement, dated 23.03.2006, the Respondent was liable to pay an yearly license fee, amounting to Rs. 5,01 ,800/-, per year to the Petitioner. In terms of Clause 3.2 of the said agreement, the License Fee was to be enhanced by 10% every two years for open/covered space and common facilities and by 2.5% every year for the tower. The agreement, dated 23.03.2006, also provided that in the event of the GOPA, executed between the Government of India and the Respondent, being terminate