Mobile Operators Plea On Panchkula Dismissed

The Delhi high court yesterday dismissed a petition filed by Escotel Mobile Communication stating that the rich town of Panchkula fell in the Haryana telecom circle and not in Punjab/Chandigarh telecom circle and advised the petitioner to approach appropriate authority.

Putting to rest the high-voltage dispute over the issue as to who would provide mobile phone services to the Panchkula residents, Justice CM Nayar observed that the issue can only be adjudicated by appropriate proceedings as envisaged in the agreement.

Justice Nayar held that the matter is not free from doubt and the present proceedings under Article 226 of the Constitution will not be an appropriate remedy on the controversy raised between the parties and will require adjudication of facts and the interpretation of tender documents.

 

The tender document provides for the arbitration clause in case of any dispute arising on the issue.

The Escotel mobile communication in its petition had stated that if Panchkula was taken out of its allotted Haryana circle, the revenue would drop by over 50 per cent.

However, the successful bidders for the Punjab/Chandigarh circle, Modicom Ltd and Jt Mobiles Ltd, had told the court that as Panchkula falls within the Chandigarh telecom circle it should not be put in the Haryana circle.

The petitioners had challenged the decision of the Centre dated January 16, 1997, stating that Panchkula would be included in the Chandigarh/Punjab circle.