Prasar Bharati wins Hissar TDSAT order; FM broadcaster to vacate and pay penalty

Prasar Bharati has secured a favourable ruling from the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) in a long‑running dispute over the use of its broadcasting infrastructure at All India Radio (AIR) Hissar. The tribunal has ordered Singla Property Dealers Pvt. Ltd., a former private FM broadcaster for the Hissar market, to vacate the AIR premises within two months and pay ₹92.72 lakh towards damages and outstanding dues.

The dispute traces back to the rollout of private FM radio in India, when Singla obtained an FM licence for Hissar and, in 2006, entered into an infrastructure‑sharing agreement with Prasar Bharati for use of tower space and related facilities. The Ministry of Information and Broadcasting terminated Singla’s Grant of Permission Agreement (GOPA) in July 2009, which, under the terms of the deal, automatically ended the infrastructure arrangement as well. Despite this, the company allegedly continued to occupy the site, failed to remove its equipment and accumulated unpaid licence fees and other charges.

In its order dated May 23, 2026, TDSAT held that Singla’s continued occupation of the AIR Hissar infrastructure after termination of the GOPA was unauthorised. The tribunal awarded ₹80.38 lakh as damages for unauthorised occupation between July 2009 and December 2015 and ₹12.34 lakh towards unpaid licence fees and delayed payment charges, along with simple interest at 9% per annum from December 31, 2015, until payment. It further warned that failure to vacate the premises within the stipulated period could invite additional damages equivalent to the awarded amount for the duration of continued occupation.

Proceedings in the case went ex parte after the respondent repeatedly failed to appear despite multiple notices, including service through police channels. The tribunal noted that Prasar Bharati had substantiated its claims through agreements, termination notices, payment records and witness testimony, while Singla offered no rebuttal. The ruling reinforces earlier TDSAT precedents upholding Prasar Bharati’s contractual rights in disputes over its broadcasting infrastructure following licence termination.
BCS Bureau