MUSIC BROADCAST PRIVATE LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) In these batch of petitions under Article 226 of the Constitution of India, the reliefs claimed are appropriate directions to set aside two orders passed by the Telecom Dispute and Settlement Appellate Tribunal ( TDSAT for short) dated 17.11.2004 and 14.1.2005 (hereinafter referred to as "the first order" and "the second order" respectively). Relief has also been sought by way of a direction to the respondent Union of India to take a decision on the recommendation of the Telecom Regulatory Authority of India (TRAI) dated 11.8.2004 and 19.11.2004. The third category of relief sought is quashing of two demand letters dated 19.4.2004 issued by the Central Government. Certain other consequential orders have also been sought.

(2.) These petitions were initially heard on 28.1.2005. The respondents, appearing through Counsel on advance notice, were asked to indicate broadly what could be time frame within which a final decision could be taken by the Central Government in the matter, since many issues hinge upon the grievance made that the Central Government has been dragging its feet in that regard. Mr. Rajiv Mehra appearing for the respondents 1 to 3 in the matter today made a statement that the issues covered by the recommendations of the TRAI are engaging the attention of the Government. He submits that these recommendations would require an overall consideration of various nuances involving participation of five ministries, and that the issues involved also impact upon policies regarding Convergence. He, therefore, declined to make a statement about the timeframe within which a final decision would be taken by the Central Government, under the Act. The matter was therefore taken up for disposal.

(3.) The petitioners are holders of FM Radio Broadcast Licences. These licences were issued to them in on different dates in 2000-2001. As per conditions of the licenses a fixed fees were payable in respect of the services permitted. It is averred that the petitioners started incurring financial losses some time in 2001 leading to a demand, on their part, for change in the licensing policy. This resulted in the constitution of a committee known as the Radio Broadcasting Committee. That Committee considered various policy issues with regard to the licensing within the industry and made its recommendation on 20th January, 2004.