15.09.2026 sayandeep Sl. No. ML 14 Ct. No. 03 WPA 11224 of 2025 Elevar Digital Infrastructure Private limited & anr. Vs. The KMC & ors. Mr. Sakya Sen, sr. adv. Mr. Satrajeet Sen Mr. Rajesh Upadhyay …. for the petitioners Mr. Debanjan Mukherjee ….. for the KMC 1. The affidavit-of-service filed in Court today is taken on record. 2. The present writ petition has been filed for a direction upon the municipal authorities to withdraw the demand dated 5th April, 2025 issued by the municipal authorities in respect of the premises No. 184, P. Mazumdar Road, 74/3, P. Mazumdar Road, opposite to ration Shop, P.O. Haltu, P.S. Kasba, Kolkata 700078. The petitioner No. 1 is a company established for carrying on business of providing mobile telephone infrastructure facilities to telecommunication service providers and is registered as 1P/1 infrastructure service provider by the department of telecommunication. The petitioner No. 1 claims to have also entered into an agreement for leave and license with the private respondent on 20th June, 2008 in respect of a space measuring 1100 WPA 11224 of 2025 2 sq.ft. on the roof/terrace of a two storied building at premises No. 74/3, P. Mazumdar Road, Kasba, Kolkata 700078. According to the petitioners, the licence was for a period of 15 years which expired on 19th June, 2018. It is also the petitioners’ case that the above agreement was extended for a period of 15 years with a supplementary agreement dated 24th June, 2016 prior to the expiry of the same. 3. Mr. Sen, learned senior advocate representing the petitioners would submit that so along the municipal authorities were determining the annual value of the petitioner No. 1’s premises based on the revenue generated by the petitioners from the mobile tower. However, having regard to the provisions contained in the Telecommunication Act, 2023 which seeks to repeal the provisions of Indian Telegraph Act, 1855 and the Indian wireless Telegraphic Act, 1933, and by placing before this Court the notification dated 21st June, 2024 whereby amongst other Sections, Sections 14 and 15 of the Telecommunication Act, 2023 has come into force, the municipal authorities are no longer authorized to determine the annual value on the basis of the revenue generated by the petitioners from the mobile tower, since, according to him, in terms of the Section 14 of the Telecommunication Act, the facility provider shall not have any right, title or interest in the property on which telecommunication network is established, WPA 11224 of 2025 3 except the right to use the property as provided under Sections 11 and 12 thereof. As such the demand notice cannot be sustained. 4. Having heard the learned advocates appearing for the respective parties and having regard to the submissions made in Court and noting that the Telecommunication Act, 2023 has come into force to the extent indicated in the notification dated 21st June, 2024 and that the Telecommunication (Right of Way), Rules, 2024 which has been framed by the Government of India, has been directed to be deemed to have come into effect on and from 18th January, 2025, vide notification dated 15th May, 2026, I am of the view it shall be prudent at this stage to direct the municipal authorities to pass a reasoned order as regards the representation made by the petitioners dated 24th April, 2025 appearing at page 75 of the writ petition. The municipal authorities are directed to dispose of the representation in accordance with law on an expeditious basis preferably within a period of three weeks from the date of communication of this order. Till such time a decision is taken, the municipal authorities shall not enforce the demand forming subject matter of challenge in the writ petition. Accordingly, both the writ petition and the connected application being CAN 1 of 2026 are disposed of. WPA 11224 of 2025 4 5. It is made clear that this Court has not entered into the merits of the matter. It shall be open to the municipal authority to take an informed decision in accordance with law. (Raja Basu Chowdhury, J.)