Indus tower installed AIRTEL tower in my land located in chinnamanur , theni district. They have recently installed JIO within the tower without my consent. They are not responding for my mails and phone calls. Recent agreement copy between me and them is also renewed. Every 6 yrs. How to proceed ?
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1) it is necessary to peruse your agreement with service provider to advice
2) there must be clause in your agreement for installation of antenna of other service providers
3) you can terminate agreement with indus towers as per termination clause in your agreement . invoke the arbitration clause
4) consult a local lawyer
Dear Querist
all the terms and conditions of the agreement shall be bound by both the parties and if there is no clause for installation of new tower or machine then you may first issue a legal notice to them and if they are not ready to settled the matter amicably or fulfill your legal demand then you have right to file the case before civil court and claim compensation too
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Hi
If your lease agreement is with Indus and
a) Does NOT permit Installation of more than 1 cell tower and
b) Does NOT Permit Sub-Letting of towers,
Then you should issue an eviction notice to Indus asking them to remove the unauthorized tower of Reliance Jio
In the event of Indus Towers failing to respond, you are well within your rights as land lord, to
a) Restrain JIO from transmitting signals by obtaining injunction orders from the court and
b) Ask court to seize and take in to custody of the towers of both Airtel and Jio and
c) Seek directions from the court so as to Order JIO to pay you the monthly rents plus profits from unauthorized use of land.
First issue an eviction notice and in case Indus towers does not respond, file a eviction suit in district courts.
You will win the case within 4-6 months as
a)There is no tenancy agreement between Jio and you and
b) Indus has abused the existing tenancy rights by installing / sub-letting the leased premises to both Airtel and Jio.
So no worries.
How could they install the tower in your land without your permission? This is criminal trespass, so file a complaint under section 452 IPC. If the original agreement is now renewed then the tenant is bound to vacate. Along with the criminal complaint file a civil suit for eviction against it.
You have to issue a legal notice to the firm which has installed the tower without your consent or permission. you can file an ejection to eject the unauthorised structure found in your property or for removal of encroachment.
