Case Note & Summary
The Supreme Court addressed an appeal by the Union of India against a TDSAT order regarding payment of reserve price by Sistema Shyam Teleservices Limited for continued operations after the quashing of 2G licences. The Court's judgment in Centre for Public Interest Litigation vs. Union of India (2012) had declared licences illegal and ordered Spectrum auction. Subsequent orders allowed temporary continuation of services and imposed costs. The key order dated 15.02.2013 required licensees who continued operations after 02.02.2012 to pay reserve price from the November 2012 auction. The DoT issued demand notices, but the TDSAT interpreted the starting date for payment as 02.02.2012. The Supreme Court held this interpretation wrong, clarifying that liability commences from 15.02.2013. The appeal was dismissed, affirming the TDSAT's disposal but correcting the legal basis.
Headnote
The Supreme Court dismissed the appeal filed by the Union of India against the order of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) -- The TDSAT had disposed of Telecommunication Petition No. 63 of 2016 filed by Sistema Shyam Teleservices Limited -- The dispute arose from the Supreme Court's judgment dated 02.02.2012 in Centre for Public Interest Litigation vs. Union of India, which quashed Unified Access Service licences and 2G Spectrum allotments -- The Court had ordered auction of Spectrum and allowed existing licensees to continue operations temporarily -- Subsequent orders, particularly dated 15.02.2013, directed licensees who continued operations after 02.02.2012 to pay reserve price fixed for the November 2012 auction -- The Department of Telecommunication issued demand notices to the respondent for payment -- The TDSAT interpreted the order to require payment from 02.02.2012, but the Supreme Court held this interpretation erroneous -- The Court clarified that liability arises from the date of the order, i.e., 15.02.2013, not retrospectively from 02.02.2012 -- The appeal was dismissed, upholding the TDSAT's disposal but correcting the legal interpretation
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Issue of Consideration: The Issue of the starting date for payment of reserve price by licensees who continued operations after the quashing of 2G licences, as per the Supreme Court's order dated 15.02.2013
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Final Decision
The Supreme Court dismissed the appeal, upholding the TDSAT's disposal of the petition but correcting the interpretation that payment starts from 02.02.2012, holding it commences from 15.02.2013
