Delhi HC declines to stay 3G auction

The Delhi High Court today refused to stay the auction process of 3G spectrum initiated by government over a petition filed by an NGO alleging the Department of Telecommunications (DoT) is flouting the norms and it is skewed to favour certain established operators.

A Bench comprising acting Chief Justice M B Lokur and Justice Mukta Gupta declined to stay the Notice for Inviting the Application by DoT on February 25 this year in this regard.

The court has directed to list the matter on April 7 for next hearing. The auction would begin on April 9. The court’s direction came over a petition filed by Society for Awareness and Development which contended DoT’s Notice for Inviting the Application of February 25 is heavily tilted in favour of the big 3G operators at the cost of national exchequer.

The NGO said government was going to auction such spectrum which is not even available with them.

“As per the tender notice, spectrum may be available only in September 2010. Auction is something which, if not available, would lead to suppression of price as also possible litigation,” alleged the NGO in its petition filed by advocate Sandip Mittal.

It said the auction process was also contrary to the clarification issued by DoT on September 11, 2008, in which it said “auction for 3G services would be done when it becomes available”.

However, senior lawyer Vikas Singh and advocate Sanjay Hegde, representing DoT and government, opposed the petition and submitted there are some “hidden hands” behind the petition.