Case Note & Summary
The petitioner, Tower Vision India Private Limited, a company registered under the Companies Act and licensed by the Ministry of Communications, Department of Telecommunications, filed a writ petition under Articles 226 and 227 of the Constitution of India. The petitioner challenged a notice dated 23.11.2018 issued by the first respondent, the Panchayat Development Officer of Nelahal Village Panchayat, Bellavi Hobli, Tumkur Taluk. The notice directed the petitioner to remove a mobile tower and cease sharing infrastructure with other telecom operators. The petitioner contended that it is a telecommunication company duly licensed by the Government of India for erecting telecommunication towers and providing infrastructure to multiple operators. The High Court heard the learned counsel for the petitioner and the learned High Court Government Pleader, who accepted notice on behalf of the second respondent, the State of Karnataka. The court examined the notice and found that the Panchayat had no authority under the Karnataka Panchayat Raj Act, 1993 to issue such a direction. The court noted that the field of telecommunications is governed by the Indian Telegraph Act, 1885 and the guidelines of the Department of Telecommunications, and the Panchayat cannot interfere with the lawful business of the petitioner. The court held that the notice was without jurisdiction and ultra vires the powers of the Panchayat. Consequently, the court allowed the writ petition, quashed the impugned notice, and directed the first respondent not to interfere with the petitioner's business of sharing infrastructure and maintaining mobile towers.
Headnote
A) Panchayat Raj - Ultra Vires - Notice Quashed - Karnataka Panchayat Raj Act, 1993 - Sections 258, 259 - The Panchayat Development Officer issued a notice directing the petitioner to remove a mobile tower and stop sharing infrastructure with other telecom operators. The High Court held that the Panchayat has no jurisdiction or authority under the Act to issue such a direction, as the field of telecommunications is governed by the Indian Telegraph Act, 1885 and the guidelines of the Department of Telecommunications. The notice was quashed as being without authority of law. (Paras 4-6) B) Telecommunications - Infrastructure Sharing - Permissible - Indian Telegraph Act, 1885 - The petitioner, a licensed telecom infrastructure company, was sharing its tower with other operators. The court held that such sharing is permissible under the license and DoT guidelines, and the Panchayat cannot interfere with the lawful business of the petitioner. (Paras 4-6)
Issue of Consideration
Whether a Gram Panchayat has the authority under the Karnataka Panchayat Raj Act, 1993 to issue a notice directing a licensed telecom infrastructure provider to remove a mobile tower and cease infrastructure sharing with other operators.
Final Decision
Writ petition allowed. Annexure-L notice dated 23.11.2018 issued by the first respondent is quashed. The first respondent is directed not to interfere with the petitioner's business of sharing infrastructure with other telecom operators and maintaining and operating mobile towers.
Law Points
- Panchayat has no power to demand removal of telecom tower or prohibit infrastructure sharing
- Telecom towers are governed by Indian Telegraph Act and DoT guidelines
- Writ of certiorari lies against illegal administrative action
