Reliance unit moves SC against Haryana's telecom infrastructure rules, seeks stay on RoW charges
firm
Reliance Projects and Property Management Services
on Monday moved the
Supreme Court
seeking a stay on certain provisions of the Haryana municipal and panchayati raj laws that regulate the erection and maintenance of telecommunication networks, including right of way (RoW) permissions and charges.
It also wanted a stay on any actions or demands that were being raised for Row permissions charges on the grounds these being contrary to and in excess of that prescribed under the Telecommunications (Right of Way) Rules, 2024.
A Bench led by Justice PS Narasimha while seeking response from the Haryana government and others on a couple of petitions filed by RPPMS and others refused to stay the Punjab and Haryana High Court's full bench's December judgment that held that the Haryana government was within its legislative competence to enact provisions for regulating the erection and maintenance of
mobile communication towers
, including RoW permissions and charges.
According to Reliance, only Parliament is competent to enact a law for regulating all matters pertaining to erection and maintenance of telecommunication networks like mobile towers, optical fibre cables, including specifying a ceiling on charges. For this, the Parliament had enacted the requisite legislations, and the Central government has also framed rules, it told the SC.
The Indian Telegraph Right of Way Rules 2016 had earlier prescribed a fee of Rs 10,000 for mobile towers and Rs 1,000 per kilometer for underground telegraph infrastructure, it said, adding that no other fees could be charged under the 2016 rules. In 2022, the 2016 rules were amended to specify the maximum charges that could be levied by an "appropriate authority" towards any fees, compensation or restoration charges.
While some states amended their rules to bring them in line with the Row Rules, some states like Haryana and Punjab continued to charge exorbitant rates for Row permissions, including for the erection of telecommunication infrastructure on private property, the appeal stated.
Post the coming into force of the
Telecommunications Act 2023
and the
Telecommunications (RoW) Rules 2024
, the Centre had issued a direction in November to all states to issue clarifications to concerned authorities and implement the 2024 Rules. Thus, the state laws and rules for regulation and maintenance of mobile communication towers, etc are no longer implementable, with the coming into force of the 2024 Rules that replaced earlier laws governing the sector, Reliance alleged.
'More than 13 states have implemented the 2024 Row Rules. However, several other states, including Punjab and Haryana continue to implement state legislations and/or Rules which independently regulate the erection and maintenance of mobile communication towers, including RoW permissions and charges,' the Ambani firm told the court
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