[vc_row][vc_column][vc_column_text dp_text_size=”size-4″]A Civil Court in Islamabad has issued a one-month arrest order for the owner of River Gardens housing society due to contempt of court proceedings arising from their persistent refusal to grant a right of way (ROW) to the fiber broadband company Nayatel.
In an order issued on October 14, 2023, Judge Atif Jameel acknowledged the disobedience and contempt of court by River Gardens’ management. The judge directed the initiation of the arrest process for the Managing Director of Renaissance Developers (Pvt) Ltd/River Gardens, with a subsequent commitment to civil prison for one month.
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Nayatel had applied for ROW in 2022 for the installation of fiber broadband in River Gardens, but the permission was not granted. Nayatel argued in court that under section 27A(2) of the Telecommunication Act, 1996, they were entitled to ROW, which was automatically granted if the owner of ROW did not respond within thirty days.
Nayatel pursued legal action against River Gardens and was granted an order on January 31, 2023, which confirmed the petitioner’s right to a temporary injunction, subject to certain conditions. Since there was no response from the society, Nayatel initiated contempt of court proceedings, resulting in the issuance of a 30-day arrest order for the Managing Director of River Gardens.
This significant ruling comes at a time when the telecom industry faces challenges in obtaining ROW from public or private housing societies, municipalities, and road and rail authorities. Delays and high fees demanded by ROW owners are considered major obstacles to the expansion of fiber broadband and 3/4G mobile towers.[/vc_column_text][/vc_column][/vc_row]
