Page 44 of 82 charge and give his decision on the matter; such decision shall be final and all parties concerned shall be bound to comply with the decision, and the legality or propriety of the decision can not be called in question before any court or other authority. 44. Compensation.- (1) The operator shall pay compensation to the affected person or authority for any damage resulting from the exercise of the right of way under section 42 or anything done under section 43; such compensation shall be paid within 90 (ninety) days after completion of the work. (2) Where a dispute arises as to the amount of compensation mentioned in sub-section (1), the affected person, authority or body shall refer the dispute to the Commission and the decision of the Commission on the matter shall be final, and the decision shall not be called in question before any court or other authority. (3) Any claim for, or dispute over, the compensation may be submitted to the Commission within three years after completion of the work of the operator which has resulted in damage, and the Commission shall reject any claim for compensation that is raised after the expiry of that period; the legality or propriety of the decision of the Commission on the matter shall not called in question before any court or other authority. 45. Compulsory acquisition of private land for licensee’s necessity.- (1) Where, in carrying out the activities under a licence, the licensee faces obstruction to use a land, or the consent of the owner or occupier of the land is not available, the Government may, on the recommendation of the Commission, decide under the Acquisition and Requisition of Immovable property Ordinance, 1982 (II of 1982) that the land is necessary for carrying out such activities of the licensee, and thereafter necessary proceedings for acquisition of the land may be initiated. Explanation.- For the purposes of this sub-section, “land” does not include a land owned or occupied by a Government authority or a local authority or a statutory body. (2) Where a decision in relation to a land is given under sub-section (1), the land shall be deemed to be necessary in public interest within the meaning of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982). (3) The compensation and other costs incidental to the acquisition under this section shall be paid by the operator. BTRC-TelecomLaw2001.doc 44 - 44 -