PANAJI
Almost two weeks after the All Goa Internet Service Providers Association withdrew its petition challenging the “arbitrary” removal of fibre optic cables by Electricity Department officials, a fresh petition has been filed in the High Court of Bombay at Goa challenging an Rs 80 lakh penalty on a firm providing infrastructure for internet service providers (ISPs).
M/s Edgecom Telecommunications Pvt Ltd has challenged a show-cause notice issued in February imposing a penalty of Rs 80 lakh along with 18 percent GST, an amount which is in addition to rental charges and compensation.
Taking note of the matter, the High Court has issued notices to the Executive Engineer of the Electricity Department and other respondents, seeking their replies. The matter has been adjourned for further hearing on April 29.
In its writ petition, Edgecom alleged that the Executive Engineer acted without any authority of law, arguing that the officer had not been designated as a nodal or competent authority under the Right of Way Rules, 2024, which came into force on January 1, 2025.
“The order is in complete breach of the principles of natural justice and fair play, as no opportunity was granted to the petitioner to present its case. If such an opportunity had been granted, there would have been no occasion to pass the said order. The Executive Engineer, while directing removal and/or physical cutting of cables, failed to obtain permission from the officer authorised by the Central Government for this purpose,” an excerpt from the petition states.
The petitioner also contended that the rental charge of Rs 300 per pole levied by the Electricity Department is contrary to the rules, which stipulate a charge of Rs 100 per pole.
“The high-handed actions of the Electricity Department and its officials are not only arbitrary and illegal but also amount to a violation of the principles of natural justice and human rights. These actions have caused severe disruption in internet connectivity, adversely affecting businesses and residents alike,” the petition added, urging the Court to quash the February order and stay its operation till the final disposal of the case.
The previous petition filed by the ISPs had alleged the Department acted arbitrarily despite the providers adhering to due process.
It pointed out that its Right of Way (RoW) application, submitted to the Department of Information Technology on November 22, 2023, remained pending. The petition was, however, withdrawn, citing that the grievance had been resolved with the Department. The High Court subsequently disposed of the matter.
