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2022 CLD 31 COMPETITION COMMISSION OF PAKISTAN

Case information

Citation
2022 CLD 31 COMPETITION COMMISSION OF PAKISTAN
Year
2022
Reporter
CLD
Subject matter
Family
Provisions referred to
S. 27-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

VS S. 27-a---Right of way---Scope---Section 27-a of Pakistan Telecommunication (Re-organization) act, 2010 provides that every licensee shall have the right to share any Public or Private Right of Way for the purpose of the installation or maintenance of its telecommunication equipment or for the purpose of establishing or maintaining its telecommunication system---For a licensee to enjoy the rights granted under S. 27-a, a request to the owner of such Right of Way is required to be made for approval of the mode of execution of the works it proposes to undertake---Such right is not granted as of right to the licensee but is subject to the approval of the owner of the land in question---Section 27-a also requires that the amount paid by the licensee shall be a reasonable amount assessed by the public authority taking all the relevant factors into account, such as, applicable laws of the public authority and the relevant laws applicable to the district in which such Right of Way is situated---Law also encourages mutual agreement between the parties as to the determination of the fee in question for the ROW.

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