• Removal of telephone tower from my premises

Hello Advocates,

I have a tower on my property (land), agreement is from 2016 to 2036 for 20 years . I have some questions.

1). I want to remove my tower from my property but there is no condition for lessor to cancel the agreement. 
2). Agreement is not registered. 
3) Agreement is done by my mother and she is widow and not able to understand english at all.

What is the solution for this whole scenario.
Asked 2 years ago in Property Law
Religion: Hindu

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5 Answers

It is necessary to peruse agreement to advise . Terms of contract are sacrosanct and you cannot terminate agreement unilaterally 

 

2) entire issue of construction of towers is governed and regulated under the Indian Telegraph (Right of Way) Rules 2016 (these rules are framed under the Indian Telegraph Act, 1885, to regulate underground infrastructure which is optical fibre and overground infrastructure, i.e. mobile towers)  regulating the installation of mobile towers, and also in view of the importance of the telecommunication services you may not be able to remove the towers if it is done in conformity of guidelines 

 

3) radiation from towers should be within prescribed limits and telecom providers have to furnish compliance certificate 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

The agreement cannot be executed without any conditions made in it.

The widow not a literate nor unable to understand the conditions made in English canot be claimed as an excuse.

Since there is no condition to cancel the lease agreement made therein, you can issue a legal notice terminating the agreement giving three months notice with the reasons to terminate the agreement and proceed legally to remove the tower from your land. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear client,

1. If there is no provision in the agreement allowing for termination or cancellation by the lessor (you), it could be challenging to end the agreement prematurely without the lessee's (tower company's) consent.

2. An unregistered agreement might pose certain limitations on its enforceability and might affect its legal standing. However, unregistered agreements can still be valid to some extent, especially if they fulfill other legal requirements.

3. The fact that the agreement was signed by your mother, who may not have understood the terms due to a language barrier or other reasons, could potentially be a point in favor of contesting the validity of the agreement. It might raise questions about the validity of consent and understanding.

Under Indian law:

Indian Contract Act: Provisions of the Indian Contract Act, 1872, deal with contracts, including the capacity to contract, free consent, and understanding the terms of the contract. The lack of understanding due to language barriers might be relevant in this case.

Transfer of Property Act: The Transfer of Property Act, 1882, contains provisions regarding leases and rights of lessors and lessees. Understanding these sections might provide insights into the rights and obligations of both parties.

Registration Act: The Registration Act, 1908, mandates the registration of certain documents to make them legally valid. However, unregistered documents might still be admissible as evidence for collateral purposes.

You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

You can cancel it by giving notice to other party o ly issue is that you need to bear any loss to the other party by your actions 

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

- As per law, an unregistered agreement is not admissible as evidence 

- Further, a lease agreement must be registered if it crossed one year period , hence you can cancel the said agreement after sending a legal notice on the ground of mothers said given reasons. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

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