Free Advise

I made an agreement to install a mobile tower over the illegal construction

Shivendra Pratap Singh

Advocate

30/05/2021

Reading Time:

I have made an agreement previously for installation of a Mobile tower with the M/S ATC Telecom Infrastructure P.Ltd Secunderabad on my building. In this regard, the colony people filed a Writ Petition before the High Court objecting the erection of Tower on my building by showing the unauthorized construction of the 2nd floor of the building. Considering the said Writ Petition the High Court has issued orders to the Municipal Authorities to take necessary action as per law on my unauthorized 2nd floor. 

Accordingly, the Municipal Authorities came to the building and demolished the 2nd floor partially, which caused financial loss and also loss of social prestige to me. It is also a huge financial loss when the Municipal Authorities will take action as per the rules. At the same time the colony people are also objecting to the running of the Tower in my building.  The colony people will withdraw W.P. when I cancel the agreement with ATC. At this time, what will happen when I cancel the agreement with ATC company, and future any problem with Municipal Authorities to my building 2nd floor.

Question from: Telangana

The future action of Tower Company will depend upon the clauses of the agreement. If there is any indemnity clause for breach of or frustration of the contract then you have to pay that amount. The terms and conditions of the agreement will decide your liability. You have illegally constructed the second floor. So you cannot install mobile tower over illegal construction. The subject matter is fraudulently created by you. 

Company can file a civil suit for damages

In this situation the Tower Company may initiate proper legal action against you to meet its losses. You have concealed the material part of the agreement hence, it is an act of fraud. This act renders the agreement voidable. Now the company will recover all the losses it suffered due to your fraud. hence, the company can file a civil suit for the breach of contract and damages to meet its losses.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Residential building in industrial land

Question: We have around 20 houses built in Industrial Alienated Land, and only 3 industries are running around our area. Now one of the industry people is building a new building where he was doing business by demolishing the old building. As we residents are...

Husband don’t want to live with his wife.

It's my arranged marriage. I want to live with my husband, he is working in another state and me staying with his parents. His parents and my husband don't want me to stay with him. Now they tortured me to leave that place so that they will marry their son. What...

Owner does not returning money in agreement of sale

My father purchased 2 and a half acres of agricultural land in our village and had an unregistered agreement of sale from the seller last year in the month of Feb 2020 and upon Contract, we have given them 10.5L Rupees as an advance amount. The sellers are 7 brothers...

My boyfriend harassing me

Me and my boyfriend are in relationship from 3 years. He always doubts me and every day he will come up with plan to harass me. Threats me and compel me for having relationship with other boys. He gives me warning that he will call to my office members and family. My...

Can I request for disciplinary proceeding against PDO?

I have filed complaint on one Govt employee who is a retired PDO in department of Zila Panchayat, on him FIR lodged in concerned police station. Now can I request for disciplinary proceeding against him? Is it possible or not and to whom should I request  to the same?...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54