• I have a mobile tower installed at my property with an agreement of 20 years

Hi Everyone,

I have a mobile tower installed at my property in a residential area of the city. I have an agreement signed with the telecom company for 20 years. Now it has been 7 years since it was installed and i want to remove it because of health issues that we are facing. 

Would it be possible to remove it by any chance?
I want the company to vacate the land at the earliest and if we can file a writ for the cancellation of the agreement?
Asked 7 years ago in Property Law
Religion: Hindu

9 answers received in 1 day.

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11 Answers

1) there must be termination clause in the agreement

2) if so invoke the termination clause and terminate the agreement with the telecom company

3) it is necessary to peruse agreement to advice further

Ajay Sethi
Advocate, Mumbai
96829 Answers
7811 Consultations

Yes,on the griund of health haxardsyou can terminate the agreement and seek its removal.

There must be similar clause in the else agreement.

Even if it is not there in the face of larger public interest the local authority can direct the company to remove its tower.

To expedite the things you should first terminate lease agreement.

No writ lies for cancellation of lease agreement.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

1. You cannot remove it unilaterally. If the telecom company is not ready and willing to mutually cancel the lease then the only remedy for you is to file a petition for eviction before the Rent Controller on the ground that it poses health hazards for you and your family members.

2. A writ is not maintainable as your remedy is before the Rent Controller.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Dear Querist

the cancellation clause in the agreement is exist or not?

if yes then follow the procedure of that terms otherwise it will be better to file complaint through some neighbor or respected person of area that they all want to removal of this tower as they all are suffering from health issues with that tower.

the telcome tower in the residential is illegal due to the health issues of the persons reside there.

if you are going to cancel the agreement then it may be possible that there is any clause in the agreement by which you have to pay penalty to them.

it will be better to mention the contents of the agreement regarding the cancellation or termination of the agreement and the default clause.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

Hi

In order to answer your query, the Signed Version of your Agreement entered between you and the mobile company needs to be seen. (Please also confirm whether it is registered or not ?)

Other Clarifications Required:

1. Whether appropriate permissions from concerned authorities / departments had been obtained prior to such installation.

2. What is the lock-in-period of said Contract.

3. Check the “Termination Clause” it will give you clarity for termination of the Agreement.

4. Have you done your due diligence before entering into the Agreement on hand and obtained certificate from concerned environmentalist i.e., about the hazards and other likely problems it will cause in future and obtained clearance from all concerned departments ?

5. A thorough reading of your Agreement will give clarity, based on which it can be taken to next level.

However, a ray of hope is that, you can take shelter of public interest and damage to nature in order to get the contract cancelled.

Writ remedy is not available for case on hand (You may have the option of filing Public Interest Litigation (PIL) to be filed by your colony people, giving the details of hazards which it is causing and likely to cause with supporting certificates from environmental experts etc.).

Best Regards

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Simply send the telecom company a CONTRACT CANCELLATION LETTER mentioning your reasons for doing so.

If they agree then ok...or you can file a petition in court

U need solid grounds and evidences to prove that tower is causing health issues to you and your family

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Client,

There must be termination clause in the agreement, what is it ?

and under circumstances where adherence of the agreement is impossible under such circumstance, it is possible but how can you will file writ against private company, writs are remedy against state only. IT can be filed by any other person in the locality but not by u.

Heath problem - medical reports and effects requisite to prove.

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

Hello,

I ill have to peruse your agreement with the company to see the termination clause.

Invoke the termination clause and send a notice for termination of the same.

Do not play with your health.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Need to go through the agreement only then advice can be given.

Dalip Singh
Advocate, New Delhi
1092 Answers
36 Consultations

You have to revisit the conditions of the rental agreement and see if the clauses permit you to cancel the agreement by giving notice to them

There has to be a clause authorizing you to cancel the agreement by giving them a three months notice period to vacate and dismantle their tower etc.

After the notice period if they do not vacate then you may aproach court seeking to evict them

T Kalaiselvan
Advocate, Vellore
87029 Answers
2337 Consultations

What is the terminations clause in this agreement?

Please quote the same so that a concrete advice can be given to you.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

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