8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
16. (1) Where, under section 11 or section 12, telecommunication network has
been placed by the facility provider, 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 so
as to render it necessary or convenient that the telecommunication network should be
removed or relocated to another part thereof or to a higher or lower level or altered in
form, he may require the facility provider to remove, relocate or alter the
telecommunication network accordingly.
(2) If compensation has been paid under sub-section (6) of section 11, or
sub-section (4) of section 12, such person shall, when making the requisition under
sub-section (1), tender to the facility provider the amount requisite to defray the expense
of the removal, relocation or alteration on such terms as may be mutually agreed.
(3) If any dispute arises under this Chapter, the matter shall be determined by the
authority referred to in sub-section (2) of section 18.
(4) If the facility provider omits to comply with the requisition, the person making
such requisition, may apply to the District Magistrate within whose jurisdiction the
property is situated, to order the relocation or alteration.
(5) The District Magistrate receiving the application may, at its discretion and for
reasons to be recorded in writing, approve or reject such relocation or alteration, subject
to such conditions as it determines fit, including the relocation of the telecommunication
network 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.
17. (1) Any person desiring to exercise his right to deal with his property in such
a manner as is likely to cause damage or to interrupt or interfere with the
telecommunication network established under the provisions of this Act, or to interrupt
or interfere with telecommunication services, shall give prior notice of such duration
and in such manner, as may be prescribed, to the facility provider, the Central Government
or to any authority that may be notified by the Central Government.
(2) The facility provider shall respond to such notice with details of such
telecommunication network and precautionary measures to be undertaken, within such
timelines as may be prescribed.
(3) Where a person referred to in sub-section (1) gives a notice of his exercise of
the right relating to his property with the bona fide intention of averting imminent
danger of personal injury to himself or any other person, such person shall be deemed
to have complied with the provisions of the said sub-section.
(4) Any person who fails to comply with the provisions of sub-section (1), or
deals with any property in such a manner as is likely to cause, or causes, damage to any
telecommunication network, or is likely to interrupt or interfere, or interrupts or interferes
with telecommunication services, a District Magistrate may, on the application of the
facility provider, order such person to abstain from dealing with such property in such
manner for a period not exceeding one month from the date of his order and forthwith to
take such action with regard to such property as may be in the opinion of the District
Magistrate necessary to remedy or prevent such damage, interruption or interference
during such period.
(5) If any dispute arises relating to damages, the matter shall be determined by the
authority referred to under sub-section (2) of section 18.
18. (1) The District Magistrate, or any other authority as notified by the Central
Government, within whose jurisdiction the property is situated, shall have the exclusive
powers to resolve any disputes under this Chapter, except for disputes referred to
under sub-section (2) of this section.
Removal,
relocation or
alteration of
telecommunication
network.
Notice to
facility
provider.
Dispute
resolution
relating to this
Chapter.