IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT:

                  THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

              THURSDAY, THE 15TH DAY OF MARCH 2018 / 24TH PHALGUNA, 1939

                                   WP(C).No. 6203 of 2008


PETITIONER:

      VODAFONE ESSAR CELLULAR LTD.
      XL/5115, ASHIS BUILDING, 2ND FLOOR,SHANMUGHAM ROAD,
      KOCHI-682 031, REPRESENTED BY ITS SENIOR MANAGER, (LEGAL)
      M.V. RAJESH.

      BY ADVS.SRI.E.K.NANDAKUMAR
              SRI.ANIL D. NAIR
              SRI.P.BENNY THOMAS
              SRI.K.JOHN MATHAI

RESPONDENT(S):

1.    KERALA STATE POLLUTION CONTROL BOARD,
      (REPRESENTED BY ITS SECRETARY), PATTOM P.O.,
      THIRUVANANTHAPURAM-4.

2.    MEMBER SECRETARY,
      KERALA STATE POLLUTION CONTROL BOARD, PATTOM P.O.,
      THIRUVANANTHAPURAM-4.

3.    KERALA STATE POLLUTION CONTROL BOARD,
      DISTRICT OFFICE, 19/269A, PERINTHALMANNA ROAD,UP HILL P.O.,
      MALAPPURAM-676 505.

4.    KERALA STATE POLLUTION CONTROL BOARD,
      DISTRICT OFFICE, ALISSERY ROAD, SOUTH OF COLLECTORATE JN.,
      ALAPPUZHA-688 001.

5.    KERALA STATE POLLUTION CONTROL BOARD,
      DISTRICT OFFICE, POONKUNNAM, THRISSUR.

6.    KERALA STATE POLLUTION CONTROL BOARD,
      DISTRICT OFFICE, ST.ANTONY'S COMPLEX, NAGAMBADAM,
      KOTTAYAM-1.

         BY SRI. M.AJAY, SC
            SRI. T.NAVEEN SC
            SRI.M.K.CHANDRA MOHANDAS,SC

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-03-2018,
      ALONG WITH WP(C) 30243/2006 AND CONNECTED CASES,THE COURT
      ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6203 of 2008

                                APPENDIX

PETITIONER'S EXHIBITS


EXHIBIT P1      TRUE COPY OF LICENSE AGREEMENT FOR CELLULAR MOBILE
                TELEPHONE SERVICE IN KERALA CIRCLE ISSUED BY THE
                MINISTRY OF COMMUNICATIONS, GOVERNMENT OF INDIA IN
                FAVOUR OF BPL INDIA LTD., THE PREDECESSOR IN INTEREST OF
                THE PETITIONER COMPANY.

EXHIBIT P2      TRUE COPY OF THE AMENDMENT IN THE LICENSE AGREEMENT
                DATED 3.4.2002 EXTENDING THE PERIOD OF LICENSE GRANTED
                IN FAVOUR OF THE PETITIONER.

EXHIBIT P3      TRUE COPY OF THE RECEIPTS DATED 12/12/2007 ISSUED BY THE
                4TH RESPONDENT.

EXHIBIT P4      TRUE COPY OF THE RECEIPTS DATED 28.11.2007 ISSUED BY 5TH
                RESPONDENT.

EXHIBIT P5      TRUE COPY OF THE RECEIPTS DATED 12.11.2007 ISSUED BY 5TH
                RESPONDENT.

EXHIBIT P6      TRUE COPY OF THE DEMAND DRAFT DATED 7.12.2007 DRAWN IN
                FAVOUR OF THE 2ND RESPONDENT SUBMITTED BEFORE 3RD
                RESPONDENT.

EXHIBIT P7      TRUE COPY OF THE DEMAND DRAFT DATED 26.11.2007 DRAWN IN
                FAVOUR OF THE 2ND RESPONDENT SUBMITTED BEFORE THE 4TH
                RESPONDENT.

EXHIBIT P8      TRUE COPY OF THE DEMAND DRAFT DATED 29.10.2007 DRAWN IN
                FAVOUR OF THE 2ND RESPONDENT SUBMITTED BEFORE THE 5TH
                RESPONDENT.

EXHIBIT P9      TRUE COPY OF THE DEMAND DRAFT DATED 19.12.2007 DRAWN IN
                FAVOUR OF THE 2ND RESPONDENT SUBMITTED BEFORE THE 6TH
                RESPONDENT.

EXHIBIT P10     TRUE COPY OF THE COMMUNICATION DATED 30.1.2008 ISSUED BY
                THE 4TH RESPONDENT.

EXHIBIT P11     TRUE COPY OF THE COMMUNICATION   DATED 21.1.2008 ISSUED
                BY THE 6TH RESPONDENT.

EXHIBIT P12     TRUE COPY OF THE COMMUNICATION DATED 21.1.2008 ISSUED BY
                THE 6TH RESPONDENT.

EXHIBIT P13     TRUE COPY OF THE COMMUNICATION DATED 19.1.2007 ISSUED BY
                THE 1ST RESPONDENT.

EXHIBIT P14     TRUE COPY OF THE INTERIM ORDER DATED 16.3.2007 IN WRIT
                PETITION (CIVIL) NO. 8788 OF 2007.
WP(C).No. 6203 of 2008


EXHIBIT P15      TRUE COPY OF THE NOTICE DATED 28.9.2006 ISSUED BY THE
                 4TH RESPONDENT.

EXHIBIT P16      TRUE COPY OF THE INTERIM ORDER DATED 16.11.2006 IN WRIT
                 PETITION (CIVIL) NO. 30243 OF 2006.

RESPONDENT'S ANNEXURE


ANNEXURE R2(A)   A TRUE COPY OF THE NOTIFICATION DATED 23.10.2002.


                                                 /TRUE COPY/


                                                 PS TO JUDGE

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26/4/2018

                         S. SIRI JAGAN, J.
                 ------------------------------------
                    W.P.(C)No.6203 OF 2008
               ----------------------------------------
                Dated this the 11th day of March, 2008

                                ORDER

Admit. Standing counsel takes notice on behalf of the respondents.

Heard both sides on the question of interim relief. The petitioner seeks a direction to the 2nd respondent and officers of the 1st respondent Board to consider applications for consent filed by the petitioner for operation of Diesel Generator sets as backup facility in telecommunication towers without insisting for payment of consent fee based on the total capital investment incurred for the installation of the entire telecommunication tower and amenities as demanded in Exts.P10, P11 and P12.

2. Learned counsel for the petitioner submits that consent fee has been prescribed in Appendix-II to Kerala Air (Prevention and Control of Pollution) Rules, 1994, which prescribes fee on the total capital investment of the industrial plant on a slab basis. 'Industrial Plant' is defined in Section 2(k) of the Air (Prevention and Control of Pollution) Act, 1981 thus: W.P.(c) No.6203/08 2

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