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.

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