JUDGMENT J.B. Pardiwala, J. 1. This judgment and order would dispose of both the above captioned petitions filed under Article 226 of the Constitution of India, in the nature of public interest litigation, since the subject matter involved is one and the same. The petitioner of writ-petition (PIL) No. 258 of 2013 has prayed for the following reliefs:-- A. That the petitioner prays that this Hon'ble Court may be pleased to issue an appropriate writ in exercise of extraordinary jurisdiction under article 226 of Constitution of India quashing and setting aside the impugned GR No. NPL/4512-3438-M issued on 03/10/2012, amended resolution No. NPL/4512/3438/M issued on 22/12/2012 and order of allotment of land issued by respondent No. 2 on 02/09/2013 by way of order No. BH.N.P./1867/2013. B. That the petitioner prays that this Hon'ble Court may be pleased to issue a Writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction holding that the respondent No. 1 is not competent to and has no jurisdiction to issue the impugned GR No. NPL/4512-3438-M issued on 03/10/2012, amended resolution No. NPL/4512/3438/M issued on 22/12/2012. C. That this Hon'ble Court may be pleased to issue appropriate writ, order or direction by holding that the state government is not competent to prescribe schedule of fees at the instance of a corporate entity like respondent No. 4. D. That this Hon'ble Court may further be pleased to grant appropriate relief by holding that the municipalities and municipal corporations across the state of Gujarat are competent to deal with its movable/immovable properties and to enter into appropriate contract/agreement for sell, lease etc. E. That this Hon'ble Court may further be pleased to declare that the rates prescribed in the impugned GR issued by the state government are negligible compared to the prevailing market rate whereby other private individuals have rented their property by entering into lease agreement with other corporate entities. F. That this Hon'ble Court may be pleased to pass any further relief/s as may be deemed just and proper in the interest of justice. 2. The petitioner of writ-petition (PIL) No. 310 of 2013 has prayed for the following reliefs:-- A. This Hon'ble Court may be pleased to issue a writ of mandamus or certiorari or other writ order or directions and direct the respondents authorities step to remove the encroachments from public roads, gardens etc. 2. The petitioner of writ-petition (PIL) No. 310 of 2013 has prayed for the following reliefs:-- A. This Hon'ble Court may be pleased to issue a writ of mandamus or certiorari or other writ order or directions and direct the respondents authorities step to remove the encroachments from public roads, gardens etc. by quashing and setting aside the impugned resolution dated 29/01/2013 of general board meeting of respondent No. 1 corporation (No. 2157) and may also declare subsequent action to grant such permission to erect polls for 4G service to mobile companies and set aside such permission granted pursuant to above resolution No. 2157. B. To direct the respondent authorities to cancel all permissions all to remove such polls installed/erected by mobile companies and may pass further order. C. Pending hearing and final disposal of this petition this Hon'ble Court may grant interim relief by restraining respondents to act on such resolution and by directing not to implement such resolution with immediate effect. D. To direct respondent No. 1 and 3 to furnish report of present status of polls by mobile companies in view of permission granted by corporation. 3. In both the petitions, in the nature of a PIL, what has been brought to our notice is the decision of the Bhuj Municipality and the Ahmedabad Municipal Corporation respectively, to permit the private respondents, namely Reliance Jio Infocomm Limited to install and erect towers for the purpose of providing 4G services. 4. In telecommunications, 4G is the fourth generation of mobile phone mobile communication technology standards. A 4G system provides mobile ultra-broadband internet access, for example to laptops with USB wireless modems, to smartphones, and to other mobile devices. The conceivable applications include amended mobile web access, IP telephony, gaming services, high-definition mobile TV, video conferencing, 3D television, and cloud computing. 4. In telecommunications, 4G is the fourth generation of mobile phone mobile communication technology standards. A 4G system provides mobile ultra-broadband internet access, for example to laptops with USB wireless modems, to smartphones, and to other mobile devices. The conceivable applications include amended mobile web access, IP telephony, gaming services, high-definition mobile TV, video conferencing, 3D television, and cloud computing. The few salient technical features of the 4G: Ground Based Mast are as under:-- • Monopole structure similar to the lighting high mast; • Typical eights: 15m, 20m, 25m, 30m; • Foot print covered on Ground (inclusive of base dia, foundation and earth pits): 2 x 2m; • Maximum base diameter: 850mm; • Material used in mast: Steel • Structurally certified for: Wind Loads & Earthquakes: • Safety measures for workmen: • Lader with safety fall arrestor • Types of foundation: Pile, Precast, Screw fast Roof Top Sites Comparison: Existing Designs - Diesel Genset required - Large shelter required (fire hazard) - Consumes larger roof space - Wave guide for feeder cable required - Additional reinforcement necessary (potential for water leakage) Compared to in 4G Designs: • No diesel Genset • No shelter; flexible location of cabinet; • Consumes much lower roof space; • No feeder cable; • Little additional reinforcement. The advantages and benefits of Horizontal Directional Drilling are as under: • Trencheless fiber laying • Minimal traffic disruption; • Shorter completion time • Safer for environment; • Longer/Deeper installation possible • No civic inconvenience • Inspection pits at approx, distance of 100 mtrs. 5. It is the case of the petitioner of WP (PIL) No. 258 of 2013 that the Urban Development and Urban Housing Department of the State of Gujarat, passed a Resolution dated 3rd October, 2012, with regard to installation charges and necessary fees to be levied from the companies providing services of installing cables by Horizontal Direct Drilling (HDD) system after preparing trench and providing wireless Broad Band Services (4G Telecom Services in the cities of the State. 6. The companies providing services of OFC network by HDD system and providing 4G services shall be required to pay to the Municipalities/Corporations, the installation charge and yearly permission fees as under:-- Sl. No. Particulars Charges/fees to be collected. 1 Primary installation charge per pole. In the area of Corporation/Urban Development authority board/Area Development authority Board Rs. 16,000/- and in Municipal area Rs. No. Particulars Charges/fees to be collected. 1 Primary installation charge per pole. In the area of Corporation/Urban Development authority board/Area Development authority Board Rs. 16,000/- and in Municipal area Rs. 12,000/- 2 For yearly permission fees per meter of height (the height of pole is to be considered form the base) In the area of Corporation Rs. 500/- and in the area of Municipality Rs. 350/- 3 The fees for increase in the height of any equipment of pole or for change in location in the same premise, on production of necessary map with necessary documents. 10% of prevailing rate in the case of change for pole foundation or change in original structure. But, if technical change is done on the standing pole, no permission for such change will required to be obtained. 4 The fees for erecting pole on building having no B.U. Permission or pole erected or commenced without permission. In addition to the prevailing yearly permission fees the following penalty fees will required to be collented. Corporation/Urban Development Authority Board Rs. 50,000/-, Municipality Rs. 25, 000/- 5 Increase in the rate mentioned in (1) and (2) above. 10% increase at every three years and yearly fees accordingly. 6 For collecting property tax on telecommunication pole Any property on which property tax is to be recoverable, on poles of such property area-based property tax shall not required to be taken. However, property tax taken according to the land occupied for installation of each pole as per area-based property tax. 7. Pursuant to such Resolution of the State Government dated 3rd October, 2012, if a company seeks permission to provide 4G services, then in such circumstances, the Municipality/Corporation have been empowered to allot the land for installation of poles on the footpath, divider and junctions, including upon the space of the buildings or their terrace. The land used for such purpose or the terrace area of the building could be given on a rent for a period of 20 years at the rate of 40% of the initial jantri. However, the ownership of the land would remain with the concerned Municipalities/Corporations. 8. The land used for such purpose or the terrace area of the building could be given on a rent for a period of 20 years at the rate of 40% of the initial jantri. However, the ownership of the land would remain with the concerned Municipalities/Corporations. 8. For the purpose of providing the 4G services and setting for network under HDD system, the Corporations/Municipalities have been empowered to levy the installation charges as under:-- Details of charge Type of road Rate for NPO of A and B category (per running meter) Rate for NPO of K and D category (per running meter) Rates for MNPO/area developer authorities (per running meter) 1 2 3 4 5 One time installation charges For any road 1,000/- 1,200/- 1,500/- Yearly rent (per Trench Running meter) For any road For road crossing 10/- 25/- 10/- 25/- 10/- 25/- Cash or by Bank Guarantee (to be adjusted the actual loss) - 50% of total estimated expenditure 50% of total estimated expenditure 50% of total estimated expenditure 9. It is the case of the petitioners that the State Government could not have passed such a Resolution directing the Municipalities/Corporations to permit the private respondent to install such towers by levy of fees, which are very meager. According to the petitioners, the Corporations and the Municipalities ought to have been permitted to fix the fees on their own, so that the revenue of the Municipalities/Corporations would increase and such revenue could be used for providing other facilities in public interest. 10. Thus, the challenge in both the petitions is twofold, namely:-- (i) the power of the State Government to issue such a Resolution; and (ii) the policy decision of the State Government to permit a company to install or erect towers for 4G services. 11. We have heard Mr. Siraj Gori and Mr. Sandeep Bhatt, the learned advocates appearing for the respective petitioners, Mr. P.K. Jani, the learned Government Pleader appearing with Mr. Vandan Baxi and Mr. Parth Bhatt, the learned Assistant Government Pleaders for the State, and Mr. Mihir Thakore, the learned Senior Counsel appearing with Ms. Amrita Thakore, the learned Advocate for the respondent-company. 12. Siraj Gori and Mr. Sandeep Bhatt, the learned advocates appearing for the respective petitioners, Mr. P.K. Jani, the learned Government Pleader appearing with Mr. Vandan Baxi and Mr. Parth Bhatt, the learned Assistant Government Pleaders for the State, and Mr. Mihir Thakore, the learned Senior Counsel appearing with Ms. Amrita Thakore, the learned Advocate for the respondent-company. 12. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only question that falls for our consideration in these petitions is whether the petitioners are entitled to any relief as prayed for in these petitions. 13. It appears that the Government of India, under it's National Telecom Policy NTP-2011 seeks to achieve the objective of playing a lead role for a speedy social and economic development. The main object of such policy is to ensure equal business opportunities for all its citizens and entrepreneurs by use of a firm structure of "Broadband on demand" and use of internet and web economy. 14. It appears from the materials on record that the Reliance Jio Infocomm Limited has obtained a licence for providing 4G wireless broadband services in 22 States including the State of Gujarat to fulfil the objective of the Government referred to above. The 4G technology would bring a radical change in the mobile communication system, education, health, banking industries and business through various equipments and by the use thereof the video conferences, E-education etc. would be very easy. 15. It also appears from the materials on record that all the Municipalities and Corporations within the State of Gujarat have been informed by the State Government to cooperate and allot space for the purpose of installation and erection of the towers. 16. Thus, there is no doubt that the use of the technology is in the larger public interest and is not in any manner detrimental to the interest of the public at large. 17. It would be apposite to refer to certain provisions of the Constitution. Article 243Q deals with the constitution of a Municipality. By virtue of the said Article, the word 'Municipality' cover Municipal Corporation. This view has been taken by the Apex Court in the case of Cantonment Board, Secunderabad v. G. Venketram Reddy, AIR 1995 SC 1210 . Article 243R deals with the composition of Municipalities. Article 243S provides for the constitution and composition of Wards Committees etc. By virtue of the said Article, the word 'Municipality' cover Municipal Corporation. This view has been taken by the Apex Court in the case of Cantonment Board, Secunderabad v. G. Venketram Reddy, AIR 1995 SC 1210 . Article 243R deals with the composition of Municipalities. Article 243S provides for the constitution and composition of Wards Committees etc. Much emphasis has been laid on the Article 243Y which provides that the Finance Commission constituted under Article 243I shall also review the financial position of the Municipalities and make recommendations to the Governor as to the principles which should govern the distribution between the State and the Municipalities of the net proceeds of the taxes, tolls and fees leviable by the State. The said provision also prescribes the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities. 18. Article 243X reads as under:-- Art. 243X. The Legislature of a State may, by law,- (a) authorise a Municipality to levy, collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits; (b) assign to a Municipality such taxes, duties, tolls and fees levied and collected by the State Government for such purposes and subject to such conditions and limits; (c) provide for making such grants-in-aid to the Municipalities from the Consolidated Fund of the State; and (d) provide for constitution of such Funds for crediting all moneys received, respectively, by or on behalf of the Municipalities and also for the withdrawal of such moneys therefrom, as may be specified in the law. 19. 19. Article 243W reads as under:-- Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow-- (a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to- (b) the preparation of plans for economic development and social justice; (c) the performance of functions and the implementation of scheme as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule; (d) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule. 20. On a plain reading of the aforesaid Articles, it is evident that the Article 243W clearly stipulates that subject to the provisions of the Constitution, the legislature of a State may, by law, endow the Municipalities with such powers. Thus, the source of power rests within the State Legislature. Although there is some concept of self governance as canvassed by the learned counsel appearing for the respective petitioner, but the Constitution has not empowered the Municipalities to even impose taxes on its own as if it has the power to impose taxes by itself, as that would be in conflict with many provisions of the Constitution. Article 243X also postulates that the Legislature of the State may, by law, authorise the Municipality to collect and appropriate such taxes, duties, tolls and fees in accordance with such procedure and subject to such limits. 21. In view of the above, the submission canvassed on behalf of the petitioner that the State Government should have left it to the total discretion of the Municipalities and the Municipal Corporations as regards levy of fees or charges for installation or erection of 4G towers, is absolutely bereft of any merit. 22. What should be the rates or the fees for such installation is for the Government to decide as a part of its Policy. 22. What should be the rates or the fees for such installation is for the Government to decide as a part of its Policy. The Court, in exercise of its writ-jurisdiction under Article 226 of the Constitution of India should not consider the question whether the rates or the installation charges which have been prescribed under the Resolution are just and proper or not. A decision of the Government, in exercise of its executive power is review-able by the High Court under Article 226 of the Constitution, but the extent of the judicial review is limited to examining whether the Government has acted in a bonafide and on relevant considerations only and the same cannot be examined as if it is an appeal. 23. Under Article 162 of the Constitution of India, the State Government can take executive action in all matters where the legislature can pass laws. 24. In view of the above, we do not find any justifiable reason to interfere with the policy decision of the State Government and there is no merit in any of the submissions raised by the learned counsel appearing for the petitioners. For the foregoing reasons, both the petitions fail and are hereby dismissed. However, in the facts and circumstances of the case, there shall be no order as to costs. Petition Dismissed.