Right of way for telecommunication network in public property
Section 11 of the Telecommunications Act, 2023 deals with right of way for telecommunication network in public property. Any facility provider may submit an application to a public entity under whose ownership, control or management, the public property is vested, to seek permissions for right of way for telecommunication network under, over, along, across, in or upon such public property. The Act was enacted on 24 Dec 2023.
(1) Any facility provider may submit an application to a public entity under whose ownership, control or management, the public property is vested, to seek permissions for right of way for telecommunication network under, over, along, across, in or upon such public property.
(2) On receipt of an application from a facility provider under sub-section (1), the public entity shall, subject to the provisions of sub-section (4), grant permission for all or any of the following acts, namely:---
(a) survey such property for the purpose of assessing the feasibility for establishing telecommunication network; or
(b) enter the property from time to time to establish, operate, maintain, repair, replace, augment, remove or relocate any telecommunication network.
(3) The public entity shall grant permission under sub-section (2) in an expeditious manner and within such timelines as may be prescribed, and subject to such administrative expenses and compensation for right of way, which shall not exceed such amount as may be prescribed.
(4) Any rejection of an application under sub-section (1) shall be based on reasonable grounds to be recorded in writing.
(5) The facility provider shall do as little damage as possible to the public property, and ensure that the functionality and continuity of operations over such public property is not adversely affected, while undertaking any of the activities for which permission has been granted under sub-section (2).
(6) If any damage is caused to the property, the facility provider shall, at the option of the public entity, either,---
(a) restore such property to its state as existed prior to the undertaking of such activities; or
(b) pay compensation for such damage as may be mutually agreed.
(7) The provisions of this section shall be applicable to any public property vested for such projects or class of projects as notified by the Central Government, in respect of which, applications under sub-section (1) shall be made to the public entity granting the concession, contract or permission for such projects.
Section 11, The Telecommunications Act, 2023 (Act 44 of 2023).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 7
- s. 12 Right of way for telecommunication network on property not covered under section 11
- s. 13 Non-discriminatory and non- exclusive grant of right of way
- s. 14 Telecommunication network distinct from property on which it is installed
- s. 16 Removal, relocation or alteration of telecommunication network
- s. 18 Dispute resolution relating to this Chapter
- s. 56 Power of Central Government to make rules
- s. 59 Amendment to Act 24 of 1997
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 11
What does Section 11 of the Telecommunications Act deal with?
Section 11 of the Telecommunications Act is headed "Right of way for telecommunication network in public property". Any facility provider may submit an application to a public entity under whose ownership, control or management, the public property is vested, to seek permissions for right of way for telecommunication network under, over, along, across, in or upon such public property.
How do I find court cases under Section 11 of the Telecommunications Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Telecommunications Act 2023 11, section 11 Telecommunications Act 2023, section 11 of the Telecommunications Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 11 of the Telecommunications Act, and has it changed?
7 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently Telecommunications (Right of Way) Rules, 2024 (2024).
When was Section 11 of the Telecommunications Act enacted?
Section 11 of the Telecommunications Act, cited as Telecommunications Act 2023 11, was enacted on 24 Dec 2023 as Act 44 of 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 56. Power of Central Government to make rules1016 words
- 59. Amendment to Act 24 of 1997827 words
- 2. Definitions497 words
- 42. General provisions relating to offences476 words
- 3. Authorisation452 words
- 20. Provisions for public emergency or public safety390 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.