The Supreme Court has ruled that a State Government is authorized to impose permit fees on the installation of mobile towers. The Court dismissed the argument that the State cannot collect permit fees on mobile towers without a parliamentary law authorizing it. The Court upheld a decision by the Chhattisgarh High Court that the Chhattisgarh Government is authorized to issue Circulars and Rules to impose a one-time permit fee when granting permission to install a mobile tower within the jurisdiction of Municipal Corporations/Municipalities/Gram Panchayats. The Court rejected the appeal of Bharat Sanchar Nigam Limited, which argued that the permit fee on mobile towers falls under Entry 31 of List I of the Seventh Schedule of the Indian Constitution, which is exclusively within the jurisdiction of the Central Legislature. Entry 31 covers posts and telegraphs, telephones, wireless communication, broadcasting, and other similar forms of communication. The appellant stated that the State authority lacks the power to issue Circulars/Directions/Rules on these topics. The question in dispute was whether the State Government/local authority has the power and authority to impose a tax/fee or charge on the installation of mobile towers by Bharat Sanchar Nigam Limited.
Written by N. Yogendra Mani of 5th semester of KL University Vijayawada Andhra Pradesh, an intern under Legal Vidhiya
