BHARAT SANCHAR NIGAM LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS in all the petitions common questions are to be considered, they are considered by this common order.

(2.) IN all the petitions principal challenge made by the petitioners is for challenging legality and validity of the resolution of the State government dated 4. 5. 2007, whereby the State Government has formed a uniform policy for charging of restoration charge, yearly rent, security deposit etc. , for the various classes of the municipality/corporation in cases where licensee company under the Indian Telegraph Act, 1885 (hereinafter referred to as the 'act) are required lay down cables for the purpose of providing services or for their connection of the lines etc. As the Municipality/municipal Corporation in the present case have also issued notices for recovery of the charges for such purpose by giving effect to the policy of the State Government, such consequential order issued by the respective Municipalities are also challenged in the present petitions. It may be recorded that in SCA No. 4070 of 2008, the additional challenge is to the decision of the respective Municipality/municipal Corporation to recover charges for installation of Mobile Tower in a private land or land owned by the petitioner company itself/central Government.

(3.) HEARD Mr. Bhatt and Ms. Patel learned Counsel appearing for the petitioners in the respective petitions, Mr DN Vakil for H. L. Patel advocates learned Counsel appearing for the Respondent No. 2 in SCA no. 4509 of 2008, Mr. Soni learned Counsel appearing for the respondent no. 2 in SCA No. 9253 of 2008, Mr. HM Parikh and Mr RH Parikh learned counsel appearing for the Respondent No. 2 in SCA No. 9254 of 2008 and Mr. Sunit S Shah learned GP for the State Government in all petitions.