How to save my property

2 years ago

I have been made an agreement previously for installation of Mobile tower with the M/S ATC Telecom on my building bearing at Karimnagar. 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 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, The Management of ATC Tower had sent a letter that , if you cancel the agreement you have to pay all the establishment charges and other charges. Or withdraw your agreement cancellation letter.
1. Whether i have a right to cancel the agreement with ATC company or not?
2. Any chance to get the municipal permission for my second floor or not?
please guide me.

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Tanmoy Chattopadhyay

Responded 2 years ago

A.It would be appropriate to first go through the agreement before making or giving an suggestion. nevertheless it is possible for you to either take a post facto sanction from the municipality if the local laws or rules allows it or by filing a writ before the high court. Second the agreement can be challenged on the ground of force majeure since now the tower cannot possibly be built over the second floor.

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Abhimanyu Shandilya

Responded 2 years ago

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A.You can get the agreement cancelled as there is a court order and you have to abide by it. Even the mobile tower company has to abide by it there nothing doing. Check the Force majeure clause of the agreement for further clarification.

For getting the municipal corporation permission you can reach out to them and seek their permission and guidance on deviation approval. They must have some process for the same.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello
You could get permission for your second by approaching the municipal corporation and in order to get that check the laws in your city regarding construction of floors, as it vary from city to city.
You have a right to cancel the agreement stating as it is impossible to perform the contract because of high court order.

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Anik

Responded 2 years ago

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A.1.In order to cancel the agreement or terminate the agreement you must read all the clauses of agreement and check in what circumstances you can cancel it. Also you could terminate the agreement claiming the impossibility of performing the contract.
2. in order to get permission for your second floor you must check local bye laws of the municipal corporation regrading the construction of floor as different cities have different laws regarding construction of floor.

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