Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1997- s. C 18 Telecom Regulatory Authority of India Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Telecom Regulatory Authority of India Act, 1997 — s.18 — Telegraph Act, 1885 — s. 4, proviso — Wireless Telegraphy Act, 1933 — Extension of licence - In 2G case, grant of licence and allotment of spectrum by Union of India pursuant to two press release, set aside — Pursuant thereto, Union of india taking steps to conduct an auction pertaining to the certain operators whose licenses were coming to an end in 2014 — Stipulation in licences that validity period is of 20 years and Licensor may extend the period for another 10 years subject to certain conditions specified therein — Licensees sought extension/renewal of their licence - Government of India as also TDSAT rejected the same — Held: Licensees have no automatic right of renewal/extension on the expiry of the original tenure of the license — Extension is at the sole discretion of licensor subject to the conditions stated — Licensor’s obligations are not simply confined to the contract/license. They also flow from the Constitution and the laws of the land— Mandate and wisdom of the executive” in the matter of choosing the most suitable method of distribution of natural resources is to be respected — This is clearly a matter of an economic policy entailing an intricate economic choice and the Court lacks necessary expertise to make such choice — Thus, auction is the only ‘permissible and intra vires method for disposal — Impugned decision of |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2015 INSC 418 |
Petitioner | Bharti Airtel Ltd. |
Respondent | Union Of India |
SCR | [2015] 5 S.C.R. 867 |
Judgement Date | 2015-05-14 |
Case Number | 2803 |
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