17. Removal or alteration of telegraph line or post on property other than that of a local
authority.__ (1) When, under the foregoing provisions of this Act, a telegraph line 1[ , post or works]
has been placed by the telegraph authority under, over, along, across, in or upon any property, not
being property vested in or under the control or management of a local authority, and any person
entitled to do so desires to deal with that property in such a manner as to render it necessary or
convenient that the telegraph line or post should be removed to another part thereof or to a higher or
lower level or altered in form, he may require the telegraph authority to remove or alter the line or
post accordingly:
Provided that, if compensation has been paid under section 10, clause (d), he shall, when making
the requisition, tender to the telegraph authority the amount requisite to defray the expense of the
removal or alteration, or half of the amount paid as com pensation, whichever may be the smaller sum.
(2) If the telegraph authority omits to comply with the requi sition, the person making it may apply
to the District Magistrate within whose jurisdiction the property is situate to order the re moval or
alteration.
(3) A District Magistrate receiving an application under subsection (2) may, in his discretion,
reject the same or make an order absolutely or subject to conditions, for the removal of the telegraph
line or post 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.
Provisions applicable to all Property
18. Removal of trees interrupting telegraphic communication.__ (1) If any tree standing or
lying near a telegraph line interrupts, or is likely to interrupt, telegraphic communication, a Magistrate
of the first or second class may, on the application of the telegraph authority, cause the tree to be
removed or dealt with in such other way as he deems fit.
(2) When disposing of an application under subsection (1), the Magistrate shall, in the case of
any tree in existence before the telegraph line was placed, award to the persons interested in the tree
such compensation as he thinks reasonable, and the award shall be final.
19. Telegraph lines and posts placed before the passing of this Act. Every telegraph line 1[,
post or works] placed before the passing of this Act under, over, along, across, in or upon any pro
perty, for the purposes of a telegraph established or maintained by the 2[Federal Government], shall
be deemed to have been placed in exercise of the powers conferred by, and after obser vance of all
the requirements of, this Act.
1 Subs. by the Telegraph (Amdt.) Act, 1975 (67 of 1975), s. 11, for “or post”.
2 Subs. ibid., s. 2, for “Central Government” which was subs. by A. O., 1937, for “Govt.”.
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