Partha Pratim Choudhury 17 August 2022

Mobile tower company not vacating land after expiration of lease

Dear Sir/ Madam,

My father entered into a fifteen years lease with a mobile tower company for the installation of a ground-based mobile tower on the land adjacent to our family home. The lease expired last month. We have sent multiple notices to the mobile tower company to vacate the land upon the expiration of the lease. Finally, one month before the expiration of the lease the mobile tower replied to our notice and informed us for the first time that the company has been part of a Corporate Insolvency Resolution Process and only provided us an email address of the monitoring committee of the resolution plan. I have been emailing the monitoring committee requesting them to vacate the land and provide an update on the implementation of the resolution plan but got no response. The occurrence of the mobile tower caused severe health issues for our family and in the neighborhood. We are in urgent need of the area occupied by the mobile tower. Any advice on how to proceed will be very helpful.

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2 Replies

Dr J C Vashista (Advocate) 18 August 2022

You have already stated to have communicated your concern to NCLT through Insolvancy Professional

Partha Pratim Choudhury 26 August 2022

Respected Dr. J C Vashista,

Thank you for your reply. No, we have not communicated our concern to NCLT through Insolvency Professional. The mobile tower company only shared with us the email address of the monitoring committee. We have emailed the monitoring committee twice but received no response. Now we are in a helpless situation. The mobile tower company (which is going through the insolvency process) wrote to us to contact the monitoring committee and the monitoring committee is not responding to our request to dismantle the mobile tower and to provide possession of our land. We are in urgent need of the land as we need to renovate our house. My mother has a pacemaker implant and the continuous operation of the mobile tower installations in close proximity is causing her great harm.

As a background, our lease with the mobile tower company has expired. We have been sending notices to the mobile tower company to vacate our land, but they are not vacating and now informed us about the insolvency process.

It would be very helpful if you can kindly provide some guidance on how to proceed with this issue.

Thank you in advance,

Partha Choudhury