Cap. 81 Art. 7Where the owner of tenement may ask for removal of a cable, etc.

(1) Where the owner of a tenement in, over or upon which there is any cable, wire, pole, stay, bracket or other essential accessory, intends to make alterations in the tenement and such alterations cannot be effected unless -

(a) the cable, wire, pole, stay, bracket or other essential accessory is temporarily or permanently removed; or

(b) the position of such cable, wire, pole, stay or bracket or other essential accessory cannot be changed, then the owner may request that such work be temporarily or permanently removed, or else that the position of such work be changed, this notwithstanding that the owner had given his consent for the execution of the work or had received compensation in terms of this Part.

(2) A request under sub-article (1) shall be made by application before the First Hall of the Civil Court whereby the owner shall state under oath why in accordance with the provisions of sub-article (1) the request is being made: Provided that the owner in filing such a request shall:

(a) notify the competent infrastructure regulator, any competent utility regulator or regulators where applicable, and any network operator who may be effected in a negative manner; and

(b) give three months notice of his intention to affect the alterations aforesaid.

(3) A network operator may, within twenty days from notification of a request made under this article, contest such request only if it can prove that the owner has other reasonable means of making the alterations and that it shall be affected in a negative manner if the request is upheld.

(4) If the request under this article is not contested, the owner may without any further notice proceed with the alterations on the lapse of the three month notice period referred to in sub-article (2)(b): Provided that the owner shall, where his request has not been contested or, if contested, the contestation thereof has been rejected, refund any compensation which he may have received.