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Delhi.High.Court.9_thumb.jpg Court says no to de-sealing of Delhi mobile phone towers

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SME Times News Bureau | 15 Jun, 2010
In a setback to mobile phone operators, the Delhi High Court on Monday refused to give any interim relief to them by directing the Municipal Corporation of Delhi (MCD) to de-seal some of their towers.

Justice Manmohan Singh refused to give an order to the MCD to de-seal mobile phone towers in certain locations in the capital stating that since the matter was pending before another bench of the court, no orders could be passed.

The court slated the matter for further hearing July 1.

The fresh petition was filed by a few cellular operators seeking de-sealing of towers located in Shankar Garden, Hastsal and Civil lines areas.

Counsel for the cellular operators argued that the sealing by the civic agency is arbitrary. "The action of the MCD is in violation of the Indian Telegraph Act," counsel said.

On the last date of hearing, the court had asked the cellular operators to pay a licence fee of Rs.2 lakh per tower to the MCD. Out of this, Rs.50,000 were to be paid as fixed deposits.

There are 5,364 mobile phone towers in areas under MCD's jurisdiction. Of these, as many as 2,952 have been declared illegal for having come up without the civic agency's authorisation.

Under the revised MCD guidelines unveiled Feb 9, the licence fee to be paid by a telecom operator to the civic agency for installing a tower has been increased from Rs.1 lakh to Rs.5 lakh.

According to the civic agency, mobile operators who have set up towers illegally were given one month's time to get these regularised. The deadline expired in the first week of May. 
 
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