Landline connection refusal on vague feasibility grounds cannot be upheld; Section 7B arbitration applies only after a subscriber dispute arises.

Rejection of a landline connection request on the bare ground of non-feasibility was unsustainable because the original order could not be improved by additional reasons first set out in the counter affidavit, and the explanation for infeasibility was found vague. The matter was remanded for fresh consideration with directions to take effective steps to make the area feasible and facilitate connection, subject to the applicant sharing part of any transit expenses incurred exclusively for the installation. Section 7B arbitration under the Indian Telegraph Act was also held unavailable at this stage, as no subscriber relationship or contractual dispute had yet arisen.

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Issues: (i) Whether the rejection of the application for landline connection on the ground of non-feasibility was sustainable; (ii) Whether the petitioner could be driven to arbitration under Section 7B of the Indian Telegraph Act, 1885.

Issue (i): The impugned order rejected the request only on the ground that the area was not feasible. The reasons later stated in the counter affidavit could not be used to supplement or improve the original order. The explanation offered was vague, and the respondent had also stated that steps had already been initiated to make the location feasible.

Conclusion: The rejection on the stated ground was unsustainable and required fresh consideration.

Issue (ii): Section 7B contemplates arbitration only where there is a dispute between a subscriber and the service provider. In the present case, no connection had yet been provided and no agreement had been entered into. The attempt to compel arbitration at this stage was therefore misconceived.

Conclusion: The petitioner could not be relegated to arbitration under Section 7B.

Final Conclusion: The matter was remanded for fresh consideration with a direction to take effective steps to make the area feasible and facilitate the grant of landline connection, subject to the petitioner sharing part of the transit expenses if incurred exclusively for the institution.

Ratio Decidendi: An order rejecting a request on feasibility grounds cannot be supplemented by fresh reasons in a counter affidavit, and Section 7B arbitration is available only after a subscriber relationship and dispute have arisen.

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