40.
| (1) Where, under the provisions of this Act, a telecommunication line or post has been placed by an operator, under, over, along, across, in, or upon any property, and any person entitled to do an 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 any other part of that property or to a higher or lower level or altered in form, he may request the operator to remove or alter the line or not- accordingly: |
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| (2) If an operator fails to comply with, the request within a reasonable time, the person making it may appeal to the Authority in writing requesting the Authority to require the operator to remove or alter the line or post. |
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| (3) Where after any such, appeal as is referred to in sub section (2) the person making the request has failed to procure the removal or alteration of the line or post he may apply by way of summary procedure to the District Court within the jurisdiction of which the property is situate for an order requiring such removal or alteration. |
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| (4) A District Court on receiving an application under subsection (3) may in its discretion reject such application 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. |
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Sri Lanka Consolidated Acts