Kolkata, Sept. 23 -- The Calcutta High Court has asked the Kolkata Municipal Corporation (KMC) to reconsider a demand raised against a mobile infrastructure company over a telecom tower in Kasba, in light of the Telecommunications Act, 2023.
Justice Raja Basu Chowdhury directed KMC to pass a reasoned order on the company's representation, preferably within three weeks of receiving the court's order. Till then, the civic body cannot enforce the disputed demand.
Elevar Digital Infrastructure Private Limited, which provides mobile infrastructure facilities to telecom service providers, had challenged the April 5, 2025 demand concerning premises on P Mazumdar Road, Kasba.
The company said it had taken 1,100 sq ft of rooftop space in a two-storey building under a 2008 leave-and-licence agreement. The 15-year licence, which was due to expire in June 2018, was extended for another 15 years through a supplementary agreement in June 2016.
According to the company, KMC had been determining the annual value of the premises based on revenue generated from the mobile tower. It argued that this could no longer be done after relevant provisions of the Telecommunications Act came into force. The company relied on Section 14, contending that a telecom facility provider has no right, title or interest in property where a network is established, except the right to use it as provided under the law.
The court noted that relevant provisions of the Telecommunications Act had come into force under a June 21, 2024 notification. It also noted that the Telecommunications (Right of Way) Rules, 2024 had been deemed effective from January 18, 2025, through a May 15, 2026 notification.
The HC, however, did not decide the issue on merits. It made clear that it had not entered into the merits of the matter and left KMC free to take an informed decision in accordance with law.
Published by HT Digital Content Services with permission from Millennium Post.