Penalty imposed on 2G licencees amount Rs 290 cr: Govt

The affidavit said these Liquidated Damages Demand Notices have been issued as per data made available by the field units of the Department of Telecom and Wireless Planning and Co-ordination wing of DoT.

"In certain cases, coverage testing is in progress by respective TERM cells and in few cases, Telecom Service Providers have not registered with TERM cells. In such cases Liquidated Damages imposed, if any, would be interim," the DoT said. Government said it was also considering issuing showcause notices for termination of the licenses due to roll out violations, in addition to payment of liquidated damages for failure to comply with the roll out obligations, where the delay is more than 52 weeks. Further, the affidavit said some of the companies which were issued notices demanding damages have challenged the DoT''s decision in this regard before the telecom tribunal TDSAT which has passed interim orders. It submitted a detail chart indicating the amount demanded, the details of payment made and the date of interim order of TDSAT. Government said it has already taken into consideration the report of the CAG which has estimated a presumptive loss of Rs 1.79 lakh crore into the allocation of 2G spectrum. "It is respectfully submitted that the Report of the Comptroller and Auditor General of India is under examination in the Department of Telecom for the purposes of sending the Action Taken Report to the Comptroller and Auditor General of India on the relevant Chapters of the said Report," the affidavit said. It said based on the report of the CAG, showcause notices have already been issued to the applicants identified as ineligible as stated in it. "The showcause notices in respect of 85 licenses were issued on December 14, 2010 and a period of 60 days was given for reply," the affidavit said while placing chart indicating the companies which have been issued notices. The affidavit also questioned the maintainability of the petition by the NGO, Centre for Public Interest Litigation (CPIL), seeking cancellation of licences directly under the orders of the apex court on the assumption that the policy allocation of 2G spectrum was wrong. "The Policy was acted upon since 2001 and licences having been issued and third party interest having been created, the same can only be dealt with in accordance with law. There are procedures involved for issuance and cancellation of licences and this can only be done in accordance with law". It said the issues raised by the CAG with regard to alleged ineligibility of the licences require detailed consideration. "The licensees have been given due notices for ascertainment on the factual position and their replies will have to be duly considered," it said adding that the issues relating to investments made and FDI receipts to the country may have to be also taken into consideration.