Jio Digital Fibre Private Limited vs. The State Of Telangana

Facts

Jio Digital Fibre Private Limited (Petitioner) filed a writ petition challenging a letter dated January 22, 2026, issued by the Southern Power Distribution Company of Telangana Limited (Respondent No. 2). The letter demanded Rs. 50 per pole per month, plus 18% GST, for the Petitioner's optical fibre cables installed on Respondent No. 2's electricity poles. The Petitioner was given fifteen days to remove the service lines if the demand was not met. The Petitioner argued that this demand was illegal and arbitrary, violating constitutional provisions and relevant telecommunication rules. The Petitioner sought to set aside the letter and prevent coercive action.

Held

The Court held that the impugned notice dated January 22, 2026, was not in conformity with Section 11 of the Telecommunication Act, 2023, concerning the amount to be paid by a licensee for utilizing property for laying telecommunication lines. The Court found the demand unsustainable. The reasoning was based on the Petitioner's submission that Rule 10(5) of the Telegraph Right of Way Rules, 2016, prescribed a specific annual fee for using electricity poles, which the demand in the impugned letter clearly violated. The Court did not explicitly address the Respondent's arguments regarding danger to life or infrastructure damage, nor did it delve into the sufficiency of maintenance costs, as the primary issue of non-conformity with the prescribed fee was decisive. The ratio decidendi is that any demand for fees for laying telecommunication lines on public infrastructure must strictly adhere to the rates and provisions stipulated in the relevant Acts and Rules.

Key Issues

1. Whether the demand of Rs. 50 per pole per month plus 18% GST by Respondent No. 2 for the installation of telecommunication lines on electricity poles is in conformity with Section 11 of the Telecommunication Act, 2023, and Rule 10(5) of the Telegraph Right of Way Rules, 2016? Petitioner's contention: The Petitioner argued that Section 11 of the Telecommunication Act, 2023, obligates the State to provide permission for laying telecommunication lines upon payment of prescribed amounts. They cited Rule 10(5) of the Telegraph Right of Way Rules, 2016, which stipulates a fee of Rs. 100 per pole per annum for street furniture, including electric poles. Therefore, the demand of Rs. 50 per pole per month plus GST is not in accordance with the Central Government's rules and is unsustainable. Respondent No. 2's contention: Respondent No. 2 referred to Rule 13 of the Telegraph Right of Way Rules, 2016, asserting their right to seek removal of telecommunication lines when necessary. They also orally submitted that the Petitioner's lines posed a danger to human life and damaged State infrastructure, and that the amounts prescribed by the Central Government were insufficient for pole maintenance.