S. TEL. PVT. LTD. Vs. TELECOM REGULATORY AUTHORITY OF INDIA

JUDGEMENT

(1.) IN Centre for Public Interest Litigation & others v. Union of India & others the Supreme Court found and held that a number of licences under section 4 of the Indian Telegraph Act, 1885 and large segments of spectrum were given by the Central Government illegally to a number of telecom operators. Consequently, by the judgment and order dated 2 February 2012, (2012) 3 SCC 1, the Court quashed all those licences and released the spectrum, held under those licences, back to the Union of India. The licences quashed by the Supreme Court order also included the six Unified Access Service (UAS) licences, held by the petitioner in six Service Areas.

(2.) WHILE quashing the licences, however, the Court directed that the order would come into effect after four (4) months of its pronouncement. Nonetheless, the petitioner, admittedly, shut down its services in the five Service areas within a few days of the Supreme Court order. (In the sixth Service Area of J&K it had not commenced the service under the licence because it was not allocated any spectrum there).

(3.) THE petitioner challenged the TRAI's direction before the Tribunal in Appeal No. 2 of 2012. The Tribunal dismissed the appeal by a detailed judgment and order dated 5 September 2012. Against the Tribunal's judgment the petitioner preferred an appeal (Civil Appeal No. 8484 of 2012) before the Supreme Court. The appeal was dismissed as withdrawn by order dated 10 December 2012 with liberty to the petitioner to approach the TRAI.