Dated: 03.10.

2019

To
The Deputy Commissioner
North Delhi Municipal Corporation, Narela Zone
Narela, New Delhi

Ref: ________________ dated 22.08.2019.

Subject: Reply to the Show Cause Notice under Section 345-A of DMC Act, 1957
dated 22.08.2019, in respect of Transmission Pole installed at the premise
bearing No._______________________.

Dear Sir,

That the present reply is filed in response to the Show Cause Notice dated 22.08.2019,
bearing No. _________________(hereinafter referred to as the “Show Cause Notice”),
issued by your Good Offices to the owner of the Premise bearing No.
_____________________ (hereinafter referred to as the “Premise”). A copy of the Show
Cause Notice as received by the owners on 23.09.2019, of the Premise is attached herewith
as Annexure-1.

At the outset, it is humbly submitted that Show Cause Notice issued under the Section 345-
A of Delhi Municipal Corporation Act 1957(DMC Act), is per se void, unreasonable and
untenable as installation and operation of the any Transmission Pole is not within the
jurisdiction of MCD although exclusively governed by the Settlement Deed dated
30.01.2017, signed by all 3 MCDs and subsequently approved by the Hon’ble High Court of
Delhi vide its Order dated 28.08.2017.

Therefore, the provisions of DMC Act will not be applicable as the Transmission Poles have
been given a special status and are covered by Settlement Deed under the ordered of
Hon’ble High Court of Delhi.

Therefore, your Good Office is requested to withdraw Show Cause Notice with immediate
effect with intimation to us.

Without prejudice to above submissions, legal remedies available and in alternate, it is

1. From the contents of the Show Cause Notice, it appears that the occupier (owner of
the premise) is running and operating the Transmission Pole on his/her Premise,
such claim is factually incorrect as it is Indus Towers Limited, a company
incorporated under the Companies Act, 1956 and registered with Department of
 Telecommunication, Government of India as Infrastructure Provider, Category-I (IP-
I), who owns, runs and operates the Transmission Pole in question and the Occupier
of the premise has no concern/relation with any of the operation of the
Transmission Pole. The purpose of installation of Transmission Pole merely is to
enhance/boost the telecom or cellular signals.
2. Please recall that with respect to Transmission Pole, Hon’ble Appellate Tribunal MCD
(ATMCD) directed to frame a separate policy, as there was no policy in existence for
cellular boosters or Transmission Pole. But, The MCD in total disregard of the
directions of the Hon’ble ATMCD vides its circular no. D/580/Addl.Cm. (Engg.)/South
DMC/2013 dated 12.7.2013 decided to treat the cellular boosters or Transmission
Poles at par with Telecommunication Towers and the ordered that policy dated
8.4.2010 (Policy applicable before Settlement Deed dated 30.01.2017), which was
related to Telecommunication Tower, would also be applicable to cellular boosters
or Transmission Pole.
3. That Our Company, Indus Towers Limited in many Appeals filed in Hon’ble ATMCD,
challenged the policy dated 8.4.2010 on the ground that it is specifically designed for
Telecommunication Towers (for affixing antenna) and the same is incapable of being
made applicable to the cellular boosters. The Hon’ble ATMCD in the Appeals filed
against sealing of Cellular boosters sites, has directed the MCD to temporarily de-
seal the sealed cellular boosters site till outcome of the review committee. For the
first time, the said matter was resolved through Settlement Deed dated 30.01.2017.
Please be informed that at the above mentioned premised a Cellular Booster i.e.
Transmission Pole is installed.
4. It is humbly submitted that Telecommunication is an essential service for the
boosting the economy and infrastructure of the country and in order to provide this
essential services our Company had installed the transmission pole at the aforesaid
premises when there was not policy in existence for the Transmission Poles or
Cellular Boosters. However, under the agreed Settlement Deed, Our Company has
applied again and submitted the fresh application along with requisite formalities,
documents for grant of permission/regularisation of transmission pole, which was
duly received by your Good Office. The grant of permission for regularisation of
Transmission Pole at the aforesaid premises is pending at the end of your Good
Office. Please be informed that, if there is no Shortcoming in the application, MCD is
obliged to grant permission for regularisation of Transmission Pole within 45 Days.
Till now Our Company has not received any Invalid Notice informing us about the
shortcomings in our application. Moreover, Our Company is always more than willing
to fulfil all the formalities with respect to grant of Permission for regularisation of
Transmission Pole at the end of your Good Office.
5. That it alleged in the Show Cause Notice that the Transmission Pole at the above
mentioned premise is in operation without the requisite permission from the
concerned MCD and thus treated as illegal and unauthorised under provisions of
 DMC Act. Such content or allegation in the Show Cause Notice are wrong and
denied. It is wrong and denied as the same has been alleged without verifying record
available with your Good Office.
6. That on the basis of the Settlement Deed executed between all 3 MCDs, various
telecom operators and IPs, of which the undersigned company was also a signatory,
Hon’ble High Court of Delhi issued Direction dated 31.05.2011 with respect to the
matter of adjustment of fee in the terms of clause (6) of the Settlement Deed.
7. That under the Settlement Deed and direction of Hon’ble High Court of Delhi, it has
been clearly stated and agreed between the MCD, Telecom Operators and IPs that
any excess payment made to previously unified MCD shall be subject to
reconciliation and same shall be adjusted towards permission fees. In that regard
series of meeting held between respective officers of 3 MCDs and representatives of
telecom operators and IPs at the headquarters.
8. Please note that as per agreed Settlement Deed, all the telecom operators and IPs as
well as all 3 MCDs are obliged to follow the terms and condition of Settlement Deed
in Toto. Meanwhile, with respect to the matter of adjustment and reconciliation of
amount deposited by telecom operators and IPs in unified MCD has to be properly
concluded before respective Zones; which is pending and not yet concluded. It was
unanimously agreed by the all the 3 MCDs that no coercive action shall be initiated
by the MCDs until the finalisation and conclusion of reconciliation meetings.
9. That our Company is utterly shocked and disappointed to receive these bulk Show
Cause Notices at your end issued without merit or application of mind, wherein your
Good Office is willing to take coercive action against all Transmission Poles, be it
installed after getting permission, or for which the application is submitted along
with requisite fee and grant of permission is pending at your end or be it the
Transmission Pole falling in the category of Transmission Pole for which
Reconciliation Meeting are going on.
10. That our Company along with your official of your Zone/ Nodal officers are
continuously participating in all the meeting held till now, and our Company is also
ready to be assistance of your Good Office with record or data required for
finalisation and conclusion of the reconciliation meeting.
11. That the act of issuing Show Cause Notices despite knowing the fact that
reconciliation of amount is pending is against the intent of arrangement arrived
between all the MCDs, Telecom operators and IPs under the order and direction of
Hon’ble High court of Delhi wherein, our company extending our full support
towards regularisation of pending application under the Settlement Deed.

In view of facts stated above, your Good Office is requested to kindly withdraw the
aforesaid Show Cause Notice with valid intimation to us. We further request you to grant us
opportunity of personal hearing in larger interest of justice.

Thanking You
For, Indus Towers Limited

(____________________)