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Bombay High Court Allows Cellular Company's Petition Against Panchayat Orders for Demolition of Telecom Tower. Held that a mobile phone tower is not a 'building' under Section 135 of the Goa Panchayat Raj Act, 1994, and the Panchayat lacked jurisdiction to require prior permission or order removal.

The petitioner, Bharti Cellular Ltd., a cellular service provider, installed a mobile phone tower on the terrace of a building in Navelim, Goa. The Vi...

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High Court Quashes Panchayat Notice Against Telecom Tower Operator for Lack of Authority Under Karnataka Panchayat Raj Act, 1993. Panchayat Cannot Interfere with Licensed Telecom Infrastructure Sharing as It Falls Under Indian Telegraph Act, 1885 and DoT Guidelines.

The petitioner, Tower Vision India Private Limited, a company registered under the Companies Act and licensed by the Ministry of Communications, Depar...

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Bombay High Court Dismisses Petitions Challenging Telecom Tower Installations on Cooperative Society Rooftops. Held that telecom towers are not structures requiring consent under Section 79A of Maharashtra Cooperative Societies Act, 1960, and MCGM circular requiring consent is ultra vires.

The judgment concerns four writ petitions filed by residents and cooperative housing societies challenging the installation of telecom towers on the r...

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Bombay High Court Dismisses Vodafone's Appeal on CENVAT Credit for Telecom Towers and Shelters. CENVAT Credit on Towers and Prefabricated Buildings Denied as They Are Immovable Property and Not Capital Goods Under CENVAT Credit Rules, 2004.

The Appellant, Vodafone India Ltd., filed appeals under section 35G of the Central Excise Act, 1944 read with section 83 of the Finance Act, 1994, cha...

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Bombay High Court Dismisses Petition Challenging Municipal Tax on Mobile Towers Following Supreme Court Precedent. Mobile Towers Held Taxable as 'Land' Under Municipal Corporation Acts Despite Absence of Specific Definition.

The petitioner, GTL Infrastructure Limited, a company incorporated under the Companies Act, 1956, challenged the exigibility of mobile towers to munic...

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Bombay High Court Allows Petition of Telecom Tower Company Against Grampanchayat Resolution Stopping Tower Construction. Grampanchayat Lacks Power to Revoke NOC Under Government Resolution Dated 11th December 2015 After Issuance of No Objection Certificate.

The petitioner, Indus Towers Ltd. (formerly Bharti Infratel Ltd.), filed a writ petition before the Bombay High Court challenging Resolution No.7 pass...

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Bombay High Court Quashes Impounding Order in Stamp Duty Dispute — License Agreement for Telecom Infrastructure Not a 'Lease' Under Bombay Stamp Act. Agreement for installation of cellular mobile towers on rooftops held to be a license, not a lease, thus not liable to stamp duty as a lease.

The petitioners, Bharti Telventures Limited and Sunil Bharti Mittal, were licensees under Section 4 of the Indian Telegraph Act, 1885, to set up and o...

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Bombay High Court Allows BSNL's Petition Against MSEDCL for Wrongful Tariff Categorization Under Electricity Act, 2003. Telecom Service Provider Cannot Be Classified as 'Commercial' for Electricity Tariff Purposes; MERC Must Determine Correct Category.

The Petitioner, Bharat Sanchar Nigam Ltd. (BSNL), a telecom service provider and a central public sector enterprise, filed a writ petition under Artic...