Adishakti Digital Network & Ors vs Union Of India & Ors
2017 Latest Caselaw 2197 Del

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*IN THE HIGH COURT OF DELHI AT NEW DELHI
%                               Judgment delivered on: 03.05.2017

+        W.P.(C) 2500/2017
ADISHAKTI DIGITAL NETWORK & ORS                               ..... Petitioners
                              versus

UNION OF INDIA & ORS                                         ..... Respondents

Advocates who appeared in this case:

For the Petitioner :         None.

For the Respondents :        Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Adv.
                             for R-1

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                                JUDGMENT

03.05.2017

SANJEEV SACHDEVA, J. (ORAL)

1. By the present petition, the petitioner seeks a period of six

months from 31.12.2017 for completing the process of Digitization of

Cable Network i.e. Digital Access System and further seeks

modification of Notification dated 22.12.2016 issued by the

respondents whereby the multi system operators and local cable

operators were informed to transmit or re-transmit Programmes of

any channel only through Digital Access System after

31.01.2017.

2. Learned counsel for respondents points out that the

petitioner had earlier filed a W.P.(C) No. 10787/2016; 'titled as

Adishakti Digital Network & Ors. Vs. Union of India & Ors.',

which was dismissed vide judgment dated 14.12.2016 and the

petitioner was granted two weeks time to convert over to digital

access system.

3. The present petition was filed on 17.01.2017 contending

that earlier petition was pending whereas the earlier petition has

already been disposed of by the said date.

4. The Notification dated 22.12.2016 was issued consequent

to judgment dated 14.12.2016 as well as similar judgment in

other matters on identical issue.

5. The petitioner by the present petition has prayed for six

months' time and the present petition has been pending now for

over four months.

6. The earlier petition was also dismissed noticing that the

notification was issued by the Government on 11.11.2011. Five years

had by then elapsed from the said date when the cable operators were

made aware that they have to changeover to DAS. The first petition

was filed in December, 2015 and was dismissed on 14.12.2016. The

petitioners have already got sufficient time to complete the installation

of set top boxes and the changeover to DAS.

7. There is no justification in granting the petitioner any more

time for completion of installation of digital set top boxes and

changeover to DAS.

8. I find no merits in the present petition. The petition is

accordingly dismissed.

SANJEEV SACHDEVA, J MAY 03, 2017 'rs'