JUDGMENT

By S.K. Singh, Chairperson –

All the 3 petitions have been heard at length together because the outcome is dependent upon the answer to a common legal issue – whether the amendment Regulations of 2018 dated 28.11.2018 framed by the Telecom Regulatory Authority of India (TRAI) will have retrospective/retroactive operation so as to bind the parties to the rates redone and re-enacted through the new schedules in the amendment Regulations of 2018, with effect from 01.01.2013? While petitioners plead in favour of declaring the new schedules of 2018 to be retrospective and binding from January 2013, the respondent owners / operators of Cable Landing Stations contend otherwise. This judgment is common and shall govern all the petitions.

2. It may be useful to note that the facts relevant for the main issue of law indicated above are not in dispute and hence do not require detailed narration. For the sake of convenience, facts will be referred to from the records of T.P.

3. The two respondents, Tata Communications Ltd. and Bharti Airtel Ltd. are owners / operators of certain facilities which have been described as Cable Landing Operations. For these facilities they are entitled to