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| (1) For the purpose of providing telecommunication service by means of the telecommunication system he is licensed to operate, the operator or any person authorised by him in writing may, from time to time, place and maintain a telecommunication line under, over, along or across, and posts in, or upon, any immovable property and for that purpose it shall be lawful for any officer in the employ of the operator, and. for the servants, workmen, and labourers employed by or under such officer-
| | (a) at all times on reasonable notice, and with a] necessary vehicles, machinery, tools and other means, to enter upon any land and to put up thereon any posts which may be required for the support of any telecommunication line ; and | | |
| | (b) to fasten or attach to any tree growing on such land or to any building or structure or thing thereon any bracket or other support for such line; and | | |
| | (c) to cut down any tree or branch which may in any way injure, or which is likely to injure, impede, or interfere with any telecommunication line; and | | |
| | (d) severally to do and perform all other acts, matters and things necessary for the purpose of establishing, constructing, repairing, improving, examining, altering, or removing any telecommunication line, or in any way connected therewith, or for performing any act. matter or thing under the provisions of this Act: | | |
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| (2) Nothing contained in paragraph (v) of the proviso to subsection (1), shall preclude any person who suffers any loss or damage by reason of the exercise by an operator of the powers conferred upon him under subsection (1), from instituting an action against such operator for compensation. |
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| (3) If, any dispute arises concerning the sufficiency of the compensation to be paid under paragraph (v) of the proviso to subsection (1), such dispute shall, on application made by way of summary procedure for that purpose by either of the disputing parties to the District Court within the jurisdiction of which the property is situate, be summarily determined by that court. |
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| (4) If any dispute arises as to the persons entitled to receive compensation or as to the proportions in which, the persons interested am entitled to share in it, an operator may pay into the District Court within the jurisdiction of which the property is situate such amount as is deemed sufficient or where all the disputing parties have in writing admitted the amount rendered to be sufficient or the amount has been determined under subsection (3), the amount so admitted or determined and the court, after giving notice to the parties and hearing such, of them as desire to be heared. shall summarily 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. |
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| (5) The cost of ail legal proceedings under this section shall ho determined by the District Court. An operator shall not be liable to pay any coats unless there is a dispute-concerning the sufficiency of the compensation to be paid under paragraph (v) of the proviso to subsection (1), and in such case the operator shall be liable to pay costs should the amount of compensation determined by the District Court be more than the amount deemed sufficient by the operator, unless the court shall be of opinion that the claim of the applicant was so extravagant, or that he was so negligent in putting his claim before the said operator, that some deduction from his costs should be made, or that he should pay part of the costs of the said operator. |
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| (6) Nothing in this section shall affect the right of any person to recover the whole or any part of any compensation paid by the operator from the person who has received such compensation. |
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Sri Lanka Consolidated Acts