UNION OF INDIA Vs. SISTEMA SHYAM TELESERVICES LIMITED

JUDGEMENT

(1.) By order dtd. 10/5/2018, the Telecom Disputes Settlement and Appellate Tribunal, New Delhi, disposed of Telecommunication Petition No. 63 of 2016 filed by the respondent, Sistema Shyam Teleservices Limited, purportedly implementing certain directions of this Court, as per its own interpretation. Aggrieved by such interpretation, the Union of India through its Department of Telecommunication (DoT), filed the present appeal.

(2.) In substance and in effect, this appeal turns upon the judgment dtd. 2/2/2012 of this Court in Writ Petition (Civil) Nos. 423 of 2010 and 10 of 2011, reported in Centre for Public Interest Litigation and others vs. Union of India and others [(2012) 3 SCC 1], and the later orders passed by this Court on applications filed in the context thereof. By the aforestated judgment, this Court had declared illegal the grant of Unified Access Service licences and allotment of 2G Band Spectrum to various parties, including the respondent herein, and quashed the same. However, this Court ordered that this direction would become operative only after four months. This was not to benefit the licensees whose licences stood quashed, but in the interest of the general public who were dependent upon the telecom services offered by those licensees, so that such services would not be abruptly disrupted. The intention of this Court was that, during the interval of those four months, the Telecom Regulatory Authority of India should undertake auction of 2G Band Spectrum in the 22 service areas, as was done for the allocation of Spectrum in the 3G Band, and make recommendations for grant of licences. The Government of India was to consider such recommendations and take an appropriate decision thereon within one month so as to issue fresh licences. Further, this Court also imposed costs upon the licensees who had been benefited at the cost of the public exchequer. Significantly, the respondent was one amongst them and had to pay costs of Rs.50.00 lakh.

(3.) However, as the process of the fresh auction could not be concluded within the time frame contemplated by this Court, several applications came to be filed by the DoT itself seeking extension of time. The first such application was the DoT's I.A. No. 5 of 2012. However, the prayer made by the DoT therein was accepted in part and this Court made it clear that the DoT had to finalize the auction on or before 31/8/2012. The existing licensees were held entitled to continue to operate till 7/9/2012. Thereafter, the DoT filed I.A. No. 8 of 2012 seeking further extension of time. It stated that the auction process would start on or before 12/11/2012 and sought time to complete the auction process in a further period of 40 days therefrom. This Court accepted the prayer to the extent of allowing time till 11/1/2013 for conducting and completing the auction and the existing licensees were held entitled to continue to operate till 18/1/2013. The I.A. was kept pending and was taken up again on 14/1/2013. It was, however, adjourned on that date to 4/2/2013 and the existing licensees were allowed to continue with their operations till the next date of hearing. The matter was then taken up on 15/2/2013. The order passed by this Court in I.A. Nos. 8 and 11 of 2012 on 15/2/2013 forms the basis for the present litigation. The order reads thus: