INDUS TOWERS LTD Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner which is a Telecom Infrastructure Provider is aggrieved of the impugned communication dtd. 6/7/2017 at Annexure 'D' given by the Assistant Executive Engineer (Electrical)-respondent No.3, communicating to the petitioner that the power supply given to the petitioner at Building No.10, Sy.No.1, Parimala Nagar, Jarak Bande Kaval, 9th Main, Nandini Layout, Bangalore, is temporarily disconnected.

(2.) Learned Counsel for the petitioner submits that when the petitioner enquired with the third respondent as to why the power supply to the mobile tower was disconnected, it was informed that complaints were received by the Assistant Executive Engineer of the Bruhat Bangalore Mahanagara Palike i.e., respondent No.2 by the residents of the area and consequently, the Assistant Executive Engineer of BBMP, Mahalakshmipura Sub- Division, communicated to the third respondent and sought for temporary disconnection of the power supply. Learned Counsel submits that during the course of these proceedings, by order dtd. 13/12/2017 this Court called upon the Commissioner of BBMP and Chairman and Managing Director of the BESCOM to file their affidavits before this Court to appraise the Court about the regulations of the erection of mobile towers, the provisions of law and policy decisions of the competent authority. However, by way of interim relief the third respondent- BESCOM was directed to restore the power supply to the mobile tower erected by the petitioner herein.

(3.) Learned Counsel submits that the Government of Karnataka has issued a notification dtd. 12/1/2022 notifying the draft of the Karnataka Telecom Infrastructure and Underground Optical Fibre Cable Bye-laws, 2021, in exercise of the powers conferred by the Indian Telegraph Right of Way Rules, 2016, read with Ss. 318 and 321 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 etc. Learned Counsel submits that in terms of the said Bye- laws/guidelines, all existing telecom infrastructure towers or underground cable infrastructure shall register themselves within six months from the date of publication of the notification in Official Gazette the byelaws along with the prescribed fee and structural stability certificate issued by a structural engineer empanelled with the local authority. However, due to some technical reasons, the online applications could not be received by the competent authority and this fact is confirmed by the learned Counsel for the respondent-BBMP. Therefore, it is submitted that in view of the State Government prescribing the guidelines for erection of telecom towers and making provision for the existing telecom structures to register themselves within the prescribed time, this matter may be disposed of permitting the petitioner to make necessary application in terms of the Bye-laws and the BESCOM may be directed to continue the power connection to the mobile tower in question.