THOTA VENKATESHWARA PRASAD Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) PART-I INTRODUCTION The Government of Andhra Pradesh authorised the Andhra Pradesh Technology Services Limited (APTS - a Public Sector Company fully owned by the Government of Andhra Pradesh) (for short "APTS"), to take up the Andhra Pradesh Broadband Network Project through a public private partnership, whereby investment in such a network would essentially be made by the private sector. The APTS, accordingly initiated a two-stage process, first inviting companies/consortia to express their interest in response to Request for Expression of Interest (RFEI) and then to file proposals in response to the Request for Proposals (RFP).

(2.) Accordingly, the APTS invited companies/consortia to finance, design, build and operate a new Broadband network in the State of Andhra Pradesh, either by themselves or through setting up of a Joint Venture (JV) with APTS, in which APTS would hold a minor part of the equity. It was made clear that Andhra Pradesh Broadband Project would essentially be in the private sector. The equity participation of the APTS on behalf of the State Government is limited to a maximum of Rs.25-00 crores. The Government agreed to provide free Right of Way permissions, wherever such permissions are within the purview of the State Government. It was further indicated that to the extent feasible the bandwidth requirements of the Government of Andhra Pradesh were proposed to be sourced from the Andhra Pradesh Broadband Network.

(3.) Before we proceed further, it is just and necessary to note that the Ministry of Communications and Information Technology, Government of India, has finalized the Broadband Policy 2004, to accelerate the growth of the Broadband services. The policy defines Broadband connectivity at present as