BHARAT SANCHAR NIGAM LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These petitions challenge the validity of the Government Resolution dated 20th November, 2009 as being ultra vires the provisions of Articles 14, 19, 265, 300A, 301 and 302 of the Constitution of India as also ultra vires the Bombay Provincial Municipal Corporations Act, 1949 and the Gujarat Municipalities Act, 1963 and the Indian Telegraph Act, 1885 as well as demand notices issued pursuant thereto.

(2.) A perusal of the impugned Government Resolution dated 20th November, 2009 indicates that the same merely amends the earlier Resolution dated 11th December, 2008 which was subject matter of challenge in the case of Indus Towers Limited v. State of Gujarat and others and other cognate petitions.

(3.) Vide order of even date in the case of Indus Towers Limited v. State of Gujarat and others, rendered in Special Civil Application No.1898 of 2009 and other cognate matters, this Court has struck down the Government Resolution dated 11th December, 2008 as being ultra vires the provisions of Article 265 of the Constitution as well as ultra vires the Bombay Provincial Municipal Corporations Act, 1949 and the Gujarat Municipalities Act, 1963. It is an accepted position between the parties that the aforesaid decision would apply on all fours to the facts of the present case. In the circumstances, it is not necessary to set out facts and contentions in detail.