Cap. 173
Ed. 1978
Telecommunications
9
Determination of disputes
43.—(1) If any dispute arises concerning the sufficiency of the compensation
to be paid under the provisions of paragraph (c) of section 10, it shall, on
application for that purpose by either of the disputing parties to a judge of the
Supreme Court be determined by such judge. (Amended by 37 of 1966, s. 85)
(2) If any dispute arises as to the persons entitled to receive compensation, or
as to the proportion in which the
telecommunication authority may
deems sufficient, or where all the
amount tendered to be sufficient,
persons interested are entitled to share in it, the
pay into the Supreme Court such amount as he
disputing parties have ‘in writing admitted the
or the amount has been determined under the
provisions of subsection (1), that amount; and the judge of the Supreme Court after
giving notice to the parties and hearing such of them as desire to be heard, shall
determine the persons entitled to receive the compensation, or, as the case may be,
the proportions in which the persons interested are entitled to share in it, |
(3) Every determination of a dispute by a judge of the Supreme Court under
the provisions of either of subsections (1). or (2) shall be final:
Provided that nothing in this subsection shall affect the right of any person to
recover by suit the whole or any part of any compensation paid by the
telecommunication authority from the person who has received the same.
Application
to telecommunication
authority
to remove
telecommunication Post or line
14.—(1) When, under the foregoing provisions of this Act, a telecommunication line or post has been placed by the telecommunication authority under, over,
along, across, in or upon any property and any person, entitled to do so, desires to
deal with that property in such a manner as to render it necessary or convenient
that the telecommunication line or post should be removed to another part thereof
or to a higher or lower level or altered in form, he may require the
telecommunication authority to remove or alter the line or post accordingly:
Provided that, if compensation has been paid under the provisions of
paragraph (c) of section 10, or no compensation is payable thereunder, he shall
when making the requisition, tender to the telecommunication authority the
amount requisite to defray the expense of the removal or alteration, or half the
amount paid as compensation, whichever may be the smaller sum.
(2) If the telecommunication authority omits to comply with the requisition
the person making it may apply to a resident magistrate within whose area the
property is situate to. order the removal or alteration.
(3) A magistrate aforesaid receiving an application under the provisions of
subsection (2) may, in his discretion, reject the same or make an order, absolutely
or subject to conditions for the removal of the telecommunication line or post to
any other part of the property or to a higher or lower level or for the alteration of its
form; and the order so made shall be final.
Telecommunication lines or posts placed before commencement of Act
15. Every telecommunication line or post placed before the commencement of
this Act, under, over, along, across, in or upon any property for the purposes of a
telecommunication established or maintained by the Government, shall be deemed
to have been placed in exercise of the powers conferred by, and after observance of
all the requirements of this Act.