We are a cosmopolitan complex with 8 societies (federation is yet to be formed) where majority of the residents belong to Muslim Community. They have built a mosque in the basement parking area by enclosing 4/5 parking slots (which as per approved plan is not designated parking area and a dead end where there is no space for cars to enter as it is under the ramp). They are not agreeable to remove the encroachment as they claim they have paid the builder money who in turn has allotted them space.. BMC / Police is not ready to take any action. Further they are storing goats in the basement and have decided to sacrifice goats in the common area of the society without intimation or an NOC from all the societies. What legal recourse can be taken against them considering that BMC and police have taken no action against them.
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1. This is a purely illegal. File a complaint to the nearest police station. No animal can be sacrificed within a society. Furthermore, no place of worship can be built in the basement.
2. Since police is not ready to take action, apparently due to fear of backlash by the Muslims, you and other aggrieved members of the complex can file a writ petition against the police in the High Court to seek binding orders to the police to set the process of law in motion.
1.Slaughtering inside residential premises is creation of nuisance for which the Municipality cna take action.
2.if it doesnot then you can file writ petition.
3.You can file case u/s133 crpc also for removal of nuisance.
4.Once you file writ petition in high court both the Municipality and the Police will be bound to take action.
1) if BMC and police are refusing to take action file writ petition in HC to direct BMC to remove mosque built in basement of the society
2) also seek injunction restraining society from sacrificing goats in common area of society
The BMC cannot turn deaf ears to the plea of residents request for initiating action against public nuisance in the common area by a select few.
You can approach court with a mandatory injunction suit seeking direction to BMC authorities to address your concern.
The police may not interfere in civil injury cases.
