Consent of owners made mandatory in telecommunications bill after examination in committee, says Minister of Justice

Says contracts cannot be unilaterally revoked after agreement and review completed

Law Minister Azam Nazeer Tarar addresses a joint press conference alongside IT Minister Shaza Fatima Khawaja in Islamabad on Sunday. SCREENSHOT

Law Minister Azam Nazeer Tarar said on Sunday that a committee constituted by the prime minister to address concerns over proposed amendments to telecommunications laws had unanimously agreed to revise the bill, making consent from landowners mandatory before telecommunications infrastructure can be installed on private land.

Prime Minister Shehbaz Sharif had constituted the committee following sharp criticism from government allies and opposition lawmakers, who demanded a thorough review of the bill and amendments to its controversial provisions.

Addressing a joint press conference in Islamabad alongside Minister of Information Technology and Telecommunications Shaza Fatima Khawaja, Tarar said the revised draft of Pakistan’s Telecommunications (Reorganization) (Amendment) Bill explicitly required the consent of the owner before a right of way could be granted over private land.

Read: Revision committee proposes overhaul of controversial provisions of telecommunications bill and defends property rights

He said the amended draft also introduced clearer definitions of key terms including rights-of-way, overhead and underground infrastructure, and installation of telecommunications equipment to remove any ambiguity.

Explaining the changes, the justice minister said the previous draft referred to “mutual consent”, but the revised version now made such consent mandatory.

“Initially it only stipulated that negotiations would take place. Now we have clarified that if access is required by private property – whether it is a house, a shop, wasteland or agricultural land – permission must first be obtained from the owner. This is now a prerequisite,” he said.

Tarar said if the two sides could not agree on the terms and conditions, they could approach the relevant authority. He stressed, however, that since the agreement was based on the mutual consent and free will of both parties, the usual enforcement mechanisms would not apply at this stage.

He added that once an agreement was reached and consideration received, neither party could unilaterally withdraw from the contract.

“If the terms and conditions have been settled, payment has been made and all matters agreed, a party cannot subsequently decide not to continue with the agreement. In such cases, the competent authority will deal with the matter,” it said.

The minister said if an operator failed to make agreed payments, the authority would issue the necessary instructions. Similarly, if an owner, after voluntarily entering into an agreement and receiving payment, attempted to obstruct or terminate the agreement during the term of the contract, the matter would also be dealt with under the law.

“If the landlord has voluntarily agreed, is receiving rent and has already been compensated, he cannot disrupt the agreement during the term of the contract. Agreements are expected to be honored, just like we are required to fulfill contracts in our daily lives,” he said.

Read also: The PM forms a body to review the telecommunications bill

Tarar said the committee resolved the issue unanimously and submitted its report to the prime minister.

“The amended draft will now be sent to the Senate Standing Committee, making it clear that no one can be forced to grant a right of way over private property without the consent of the owner,” he said.

However, he clarified that separate provisions would apply to state-owned land, other public property and housing projects.

The Justice Minister pointed out that right of way legislation had existed for decades, saying 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 was passed by the National Assembly with six amendments, but concerns about its wording were later 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 country’s changing connectivity needs.

She said data consumption in Pakistan had increased by around 25 percent in the last two years, highlighting the need to expand spectrum capacity and strengthen telecom infrastructure.

Shaza said spectrum availability had increased from 274 megahertz (MHz) to around 750 MHz thanks to the largest-ever spectrum auction in the country. She added that the deployment of 5G services would require additional investment in fiber optic networks, telecommunications towers and associated infrastructure.

The minister pointed out that Pakistan currently has less than three million fiber-to-the-home connections, despite a population of around 240 million, adding that the government aims to increase this figure to 10 million homes in the next three years.

Responding to public concerns over the proposed right-of-way arrangements, Shaza said expanding internet access remained a key priority of the Ministry of Information Technology, while assuring that efforts to improve connectivity would not come at the expense of citizens’ fundamental rights.

Learn more: Right-of-way reform is essential for the digital economy

The bill, which aims to amend a 1996 law and was tabled by the IT minister, was approved by the National Assembly on June 11 by a majority. Later, the project was postponed by the Senate Standing Committee on Information Technology and Telecommunications, where it was referred on June 15.

Questions about the motivations behind the bill have grown louder, particularly because of the government’s efforts to get it approved by both houses of Parliament.

Following reservations 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 relating to the information technology sector, the Pakistan Telecommunication Authority or the right of passage to be passed by the Senate unless it was thoroughly scrutinized and amended by the standing committee competent.

The Prime Minister subsequently constituted a committee to review the bill and tasked it with addressing concerns raised regarding some of its provisions. The committee was mandated to review 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 also clarified that the Rights of Way Bill 2026 would not allow forcible acquisition of private land or unauthorized entry into citizens’ private properties. According to the ministry, landowners would retain the full right to raise objections, negotiate terms and demand appropriate compensation before work is carried out on their land.

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