BHARTI TELE-VENTURES LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned Advocates at length. Perused the records.

(2.) By the present petition, the petitioners seek to challenge the Notification dated 4-7-2005 issued by the respondent No.1 under Section 154 of the Maharashtra Regional and Town Planning Act, 1966, hereinafter called as "the MRTP Act" by which the respondent No.1 has sought to amend its earlier order dated 9-10-1996 and thereby has authorised and/or required various Municipal Corporations in the State to charge retrospectively from 9-10-1996, the premium at the rate of the land value as per the ready reckoner for the area occupied by the cabin, the tower height premium at the rate of Rs.10,000/- per running metre and a deposit of Rs.50,000/- for granting permission under Section 45 of the MRTP Act to the petitioners and the other cellular operators for installing semi-permanent structures/cabins on the top of the building for housing Base Station/Telephone Connector to set-up a cellular mobile tele-communication system, in view of licence granted under Section of the Indian Telegraph Act, 1885, hereinafter called as "the Telegraph Act" and the demand notices in that respect being Exhibits-E to E-10 annexed to the petition.

(3.) In and around 1995 the Government of India, pursuant to new telephone policy, decided to allow private operators to provide cellular tele-communication services and pursuant to the said policy, till 2001 issued licence to three cellular operators in the Maharashtra Telecom Circle, namely, BPL, Idea Cellular and VSNL. In the year 2001 the Government decided to allow fourth cellular operator in the Maharashtra Telecom Circle for the State of Maharashtra and Goa and the same was awarded in favour of the petitioner No.1, by issuing the licence under Section 4 of the Telegraph Act, followed by the necessary licence agreement dated 28-9-2001.