Delhi High Court
Reliance Broadcast Network ... vs Prasar Bharti & Anr on 22 March, 2016
Author: Manmohan
4
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* IN THE HIGH COURT OF DELHI AT NEW 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.
versus
PRASAR BHARTI & ANR ..... Respondents
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
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J: (Oral)
CM Appl.9413/2016 (exemption) in W.P.(C) 2193/2016
Allowed, subject to just exceptions.
W.P.(C) 2193/2016 & CM Appl. 9412/2016
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
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:-
A. Letter dated 10th November, 2015
"Subject: Signing of Agreement by Prasar Bharati for sharing
infrastructure with Private FM Broadcasters as per
terms and conditions given under policy guidelines
for expansion of FM Radio broadcasting services
under Phase-III.
Reference: M/s. M/s Reliance Broadcast Network Ltd letter
dated 10.10.2015 requesting Prasar Bharati to sign
the Agreement.
Sir,
This has reference to your letter dated 10.10.2015
requesting Prasar Bharati to sign the Agreement for
infrastructure sharing at cities listed below. M/s
Reliance Broadcast Network Ltd. has submitted copies of
LOI issued by Ministry of Information & Broadcasting
for enabling them for Radio Broadcasting at cities listed
below. The Agreement to be signed with Prasar Bharati
for infrastructure sharing is available on Ministry of
I&B website mib.nic.in.
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."
B. Letter dated 05th January, 2016
"This has reference to Private FM broadcasters/AROI
letters cited under reference above wherein it has been stated
that they have perused the Agreement for Phase III published on
website of Ministry of I&B and they have serious concerns
regarding certain clauses included in Agreement.
It is hereby stated that some rates of license fees in Phase
III have been modified w.r. to Phase II to rationalize it and to
make it more reasonable with respect to city category wise.
Prasar Bharati has finalized the Agreements and rates of license
fees after considering every aspect in association with Ministry
of I&B who has also got examined rates etc. through Chief
Advisor Cost (Ministry of Finance).
The request of M/s. Reliance Broadcast Network Limited
for considering changes in the Agreement as per their remarks
in above referred letter has been examined and same could not
be acceded to."
C. Letter dated 09th March, 2016
"Ministry has issued offer of migration on 24.09.2015 to
Broadcasters who have opted for the same directing them to
sign the agreement with Prasar Bharati (available on MIB
website) and BECIL for Phase-III which was a sequential
process. Subsequently you have signed GOPA under Phase III
with Ministry of I&B which resulted in ceased to be existence of
GOPA under Phase II. As agreement with Prasar Bharati was
valid till the validity of GOPA under Phase II, it also ceased at
the same time. Since then 87 agreements have been signed with
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 05 th 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 23 rd
March, 2016.
5. Learned counsel for respondents state that they have no objection to
disclosure of the documents mentioned in the letter dated 05 th 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
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