Says contracts cannot be unilaterally revoked once an agreement has been reached and consideration is completed
Law Minister Azam Nazeer Tarar addresses a joint press conference along with IT Minister Shaza Fatima Khawaja in Islamabad on Sunday. SCREEN CAPTURE
Law Minister Azam Nazeer Tarar said on Sunday that a committee constituted by the prime minister to resolve concerns over proposed amendments to telecom laws had unanimously agreed to review the bill, making landowners’ consent mandatory before any telecom infrastructure could be installed on private land.
Prime Minister Shehbaz Sharif had constituted the committee following heavy criticism from both government allies and opposition lawmakers, who demanded a thorough review of the bill and amendments to its contentious provisions.
Addressing a joint press conference in Islamabad along with Minister of Information Technology and Telecommunication Shaza Fatima Khawaja, Tarar said the revised draft of the Pakistan Telecommunication (Reorganisation) (Amendment) Bill explicitly required the consent of the landowner before any right of way could be granted over private land.
Read: Review committee proposes review of controversial telecommunications bill provisions, defends property rights
He said the amended draft also introduced clearer definitions of key terms, including right of way, overhead and underground infrastructure, and installation of telecommunications equipment to remove ambiguity.
Explaining the changes, the Justice Minister said the previous draft referred to “mutual consent” but that the revised version now made such consent mandatory.
“Initially it was only said that negotiations would take place. We have now made it clear that if access is required through any private property, be it a house, a shop, vacant land or agricultural land, permission must first be obtained from the owner. It is now a precondition,” he said.
Tarar said if the two parties could not agree on the terms and conditions, they could approach the relevant authority. However, he stressed that since the agreement was based on mutual consent and free will of both parties, the usual enforcement mechanisms would not apply at that stage.
He added that once an agreement was reached and the consideration received, neither party could unilaterally terminate the contract.
“If the terms and conditions have been agreed, payment has been made and all matters have been agreed upon, one of the parties cannot subsequently decide not to proceed with the agreement. In such cases, the matter will be taken up by the relevant authority,” he said.
The minister said that if an operator failed to make the agreed payments, the authority would issue the necessary instructions. Similarly, if a property owner, after voluntarily entering into an agreement and receiving payment, attempted to obstruct or terminate the agreement during the contract period, the matter would also be dealt with under the law.
“If the landlord has voluntarily agreed, receives the rent and has already been compensated, he cannot interrupt the agreement during the contract period. Agreements must be fulfilled, just as we are obliged to fulfill contracts in our daily lives,” he said.
Read also: Prime Minister forms body to review telecommunications bill
Tarar said the committee resolved the matter unanimously and submitted its report to the prime minister.
“The amended bill will now be sent to the Senate Standing Committee, making clear that no one can be forced to grant the right of way over private property without the consent of the owner,” he said.
He clarified, however, that separate provisions would apply to state-owned land, other public property and housing schemes.
The Justice Minister noted that rights of way legislation had existed for decades and said such provisions were necessary to facilitate the provision of essential services.
“Without this law, it would not be possible to provide electricity, gas, Internet and many other essential services to the public,” he said.
Tarar said the previous version of the bill had been passed by the National Assembly with six amendments, but concerns about its wording were subsequently raised in the Senate Standing Committee.
Speaking on the occasion, IT Minister Shaza Fatima Khawaja said the original law, enacted in 2006, required amendments to meet the changing connectivity needs of the country.
He said Pakistan’s data consumption had increased by around 25 percent in the last two years, underscoring the need to expand spectrum capacity and strengthen telecom infrastructure.
Shaza said spectrum availability had increased from 274 megahertz (MHz) to around 750MHz through the largest ever spectrum auction in the country. He added that the deployment of 5G services would require greater investment in fiber optic networks, telecommunications towers and related infrastructure.
The minister noted that Pakistan currently had less than three million fiber-to-the-home connections despite a population of around 240 million, adding that the government aims to increase the figure to 10 million homes in the next three years.
Responding to public concerns over the proposed right of way provisions, Shaza said expanding internet access remained a key priority of the Ministry of Information Technology, while ensuring that efforts to improve connectivity would not come at the expense of citizens’ fundamental rights.
Read more: Right-of-way reform is essential for the digital economy
The bill, which seeks changes to a 1996 law and was introduced by the IT minister, was approved by the National Assembly on June 11 by a majority vote. Subsequently, it was postponed by the Permanent Commission on Informatics and Telecommunications of the Senate, where it was referred on June 15.
Doubts about the motives behind the bill had grown stronger, particularly due to pressure from the government to have it passed by both houses of parliament.
Following reservations raised by the Pakistan Tehreek-i-Insaf (PTI) on the bill, the Pakistan People’s Party (PPP), a key ally of the government, also withheld its support, with Senator Sherry Rehman categorically stating that her party would not allow any legislation related to the information technology sector, the Pakistan Telecommunication Authority or the right of way to pass through the Senate unless it was thoroughly scrutinized and amended by the standing committee. corresponding.
The prime minister later constituted a committee to review the bill and tasked it with addressing concerns raised about some of its provisions. The committee was mandated to examine the right of way framework under sections 2 (qb), 2 (ma), 27A and 27B of the Pakistan Telecommunication Reorganization (Amendment) Bill, 2026.
The Ministry of Information Technology and Telecommunications had also clarified that the Right of Way Bill, 2026 would not allow forcible acquisition of private land or unauthorized entry into private properties of citizens. According to the ministry, landowners would retain the full right to raise objections, negotiate terms and demand appropriate compensation before carrying out any work on their land.
