TATA TELESERVICE LIMITED v. UNION OF INDIA: A CASE COMMENTORY

Abstract

Parties Involved in the Dispute:

The parties involved in present case is Tata tele-service ltd. i.e., plaintiff and State of U.P [through Commissioner (stamp), Assistant Commissioner (Stamp)] are defendants. The case is in the jurisdiction of Allahabad High Court because the cause of action has happened in Ghaziabad which is under the territorial jurisdiction of the Allahabad high Court.    

Origin of Present Petition:

The petitioner was granted a license under Section 4 (2) of the Indian Telegraph Act, 1885 to establish, maintain and operate fixed and mobile telephone services. In connection with this business the petitioner installs radio based station also known as cell sites and Telecom towers at suitable locations usually on empty roof top spaces of buildings.

Relationship of the Plaintiff and Defendant:

The petitioner has entered into various identical agreements each described as a license in respect of a number of sites in Ghaziabad for installing cell site and other related equipment’s on the terrace or ground space of the property of the 'licensor'.  

Circular of Govt. Of U.P.:

A circular letter dated 5.2.2003 was issued by the Commissioner (Stamps) to the various Assistant Commissioners and Collectors of Stamp in U.P. that telephone companies were executing agreements with private persons for taking on rent their roofs for installation of tower and these documents were neither being registered nor stamped and the Additional Collectors were directed to visit the offices of the companies and to examine the agreements and ensure the recovery of proper stamp duty and registration of such agreement.