Page 43 of 82 (a) restore, as far as practicable, the damaged structure, service or facility, by way of repair or otherwise, to its pre-damaged condition; (b) remove all dirt or debris from the work-site; (c) pay compensation to the owner or occupier or person-in-charge of the damaged property. (9) The owner or occupier or person-in-charge may, within 5 (five) days of receipt of the notice under sub-section (6), submit to the Commission a written objection, and where such objection is submitted, the Commission shall, within 15 (fifteen) days, enquire into the objection and give its decision thereon; such decision shall be binding on both the operator and the objector; and the decision shall not be called in question before any court or other authority. 43. Refusal of consent of owner etc. to the exercise of right of way.- (1) If an owner, occupier or person-in-charge does not give or refuses to give the consent or permission specified in section 42(5), or obstructs the exercise of the right of way, the operator may submit to the Commission a report on the matter. (2) Where a report under sub-section (1) is submitted and the Commission, after such inquiry as it considers appropriate, is satisfied about the operator’s necessity to enter the land, the Commission may(a) take such steps as it considers appropriate for obtaining the consent or permission or for the exercise of the right of way; (b) where necessary, authorize the operator to enter the land and also request the law enforcing agencies to assist the operator so that the authorization is executed; and the law enforcing agencies shall, in order to ensure the exercise of the right of way in relation to the concerned land, take necessary steps including application of force. (3) Where the Commission, under sub-section (2), requests a Government or local authority or a statutory body for ensuring an operator’s right of entry, such authority or body shall, unless there is a special reason, comply with the request; in case of disagreement, the Commission shall immediately inform the Minister of the matter, and he shall, within a period not exceeding 15 days, consult the relevant Minister-inBTRC-TelecomLaw2001.doc 43 - 43 -