RAJESH BINDAL,J. - (1.) THIS order will dispose of a bunch of writ petitions bearing Nos. 20354 of 2009, 577, 586, 711, 713, 1700, 1701, 2159, 2380, 2420, 4285, 10663, 11489 of 2010 and 6029 of 2011, primarily challenging the validity of Haryana Municipal (Erection of Communication Towers) Byelaws, 2009 (for short, 'the Bye -laws').
(2.) THE facts have been extracted from C.W.P. No. 20354 of 2009. The petitioners in this bunch of writ petitions are claiming to be registered Infrastructure Provider Category -I (IP -1). They erect towers for the purpose of using or renting out the same to the licensees of telecom services. The petitioners in furtherance to the permission granted by the Central Government as per registration certificate, started the work for erecting and maintaining towers over the premises of private persons on mutually agreed terms. The petitioners had obtained permission from the local authorities in whose jurisdiction the towers were being installed in terms of Section 12 of the Indian Telegraph Act, 1885 (for short, 'the 1885 Act') and paid the requisite fee also. However, later on the authorities started demanding huge money. On 12.8.2009, in exercise of powers conferred under Section 200(xxx) of the Haryana Municipal Act, 1973 (for short, 'the 1973 Act'), the State of Haryana notified draft Bye -laws for the purpose and invited objections. Petitioner No. 1 filed detailed objections which included objection regarding incompetence of the State on the subject considering the fact that telecommunication falls within the domain of Union Government. Without considering the objections filed by petitioner No. 1, final notification was issued on 11.11.2009 notifying the Bye -laws. It is these Bye -laws, which have been impugned in the bunch of writ petitions.
(3.) IN some of the writ petitions, the Bye -laws so impugned have been framed in exercise of power conferred under Sections 88, 392 and 393 of the Haryana Municipal Corporation Act, 1994 (for short, 'the 1994 Act'). These are in similar lines.;