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HIGH COURT OF DELHI
W.P.(C) 2193/2016
RELIANCE BROADCAST NETWORK LIMITED ..... Petitioner
Through: Mr. Amit Sibal, Senior Advocate with
Mr. Kumar Sudeep and Mr. Nittin Bhatia, Advocates.
Through: Mr. Rajeev Sharma, Advocate for respondent No.1.
Mr. Sanjeev Narula, Advocate with Mr. Abhishek Ghai, Mr. Ajay Kalra and
Mr. Abhishek, Advocates for UOI.
Date of Decision: 22nd March, 2016
JUDGMENT
CM Appl.9413/2016 (exemption) in W.P.(C) 2193/2016
Allowed, subject to just exceptions.
1. Present writ petition has been filed challenging the letters dated 10th November, 2015 and 05th January, 2016 whereby respondent No.1 has sought to revise petitioner’s license fee for sharing the infrastructure of the respondents on migrating from Phase-II to Phase-III. Petitioner has also challenged the letter dated 09th March, 2016 whereby the petitioner was 2016:DHC:2423 requested to sign the agreement by 23rd March, 2016 failing which, the respondents threatened to initiate action to get the petitioner’s premises vacated.
2. The relevant portion of the three impugned letters is reproduced hereinbelow:-
1. Pune 2.Lucknow
3. Nagpur 4. Patna
5. Varanasi 6. Ahmednagar
7. Aurangabad 8. Gorakhpur
9. Kolhapur 10. Muzzaffarpur
11. Shillong 12. Agartala
13. Aizwal 14. Itanagar In stipulation to clause 3 & 4 of Agreement under reference, Invoices have been prepared (enclosed) against advance annual license fees and security deposit. M/s Reliance Broadcast Network Ltd. is requested to submit demand draft issued by a scheduled bank in favour of Prasar Bharati payable at New Delhi for amount mentioned in invoice, two non-judicial stamp papers of Rs 100 each for each site and authorisation for signing the agreement from the Board of Directors of company.”
9 Broadcasters who have accepted offer of migration to ph-III. M/s Reliance Broadcast Network who has accepted offer of migration to Phase III are requested to sign agreement with Prasar Bharati by 23.03.2016 as per approved agreement placed on website of Ministry of I&B for Financial Year 2015-
16. If you fail to sign the agreement within above mentioned date, Prasar Bharati shall initiate action to get vacated it’s premises. This communication may please be treated as notice from Prasar Bharati to above mentioned Pvt. Broadcasters.” (emphasis supplied)
3. After some arguments, Mr. Amit Sibal, learned senior counsel for petitioner states that though in the letter dated 05th January, 2016 the decision making process has been disclosed, yet no reasons and/or documents have been disclosed. He states that the petitioner would be satisfied in case the reasons and the documents mentioned in the letter dated 05th January, 2016 are disclosed.
4. Mr. Sibal also assures this Court, that without prejudice to the rights and contentions of the petitioner, the licence infrastructure agreements under Phase-III for the forty-four existing Radio stations which are migrating under Phase-III shall be executed on or before 23rd March, 2016 and further, if any additional licence fee is to be paid, the same shall be paid on or before 23rd March, 2016.
5. Learned counsel for respondents state that they have no objection to disclosure of the documents mentioned in the letter dated 05th January, 2016.
6. The statements made by the learned counsel for parties are accepted by this Court and parties are held bound by the same.
7. In the event, the petitioner wishes to challenge the reasons furnished by the respondents, petitioner shall be at liberty to file appropriate proceedings in accordance with law. Rights and contentions of all parties are left open. In view thereof, present writ petition and application are disposed of. Order dasti under the signature of Court Master. MANMOHAN, J MARCH 22, 2016 js