Legal Advice

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

Query

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.

Advice

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

High Court Lucknow

Civil Law

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