Reliance Communications must pay municipal fees for telecom towers: Bombay High Court
09 Jun 2008
Mumbai: A bench of the Bombay High Court has ruled that Reliance Infocomm needs to pay the Akola Municipal Corporation for erecting telecommunications towers on top of buildings for transmittimg and receiving wireless communication signals.
The ruling of the division bench of Justices S B Mhase and A A Kumbhakoni is opposed to the view of another bench, in a similar case, where the bench of Justices R M S Khandeparkar and V M Kanade had struck down the state government's notification for charging fee for construction of network towers, at a hearing of similar petitions by other operators.
Thematter has now been referred to the chief justice for being heard by a larger bench. There is, however, no interim relief for Reliance Infocomm in the matter.
Reliance Infocom, has challenged the state government notification allowing the municipal corporations to charge fees for constructing network towers atop buildings, contending that the state does not have the requisite power under the Maharashtra Region Town Planning (MRTP) Act to impose such fees.
However, the bench held the view that the notification was valid, since it rationalises the fees charged by the different municipal corporations. Additional government pleader Vinay Sonpal said municipal corporations have been charging fees under the provisions of the Development Control Regulations (DCR).
