Yes you can go ahead and file a case to seek an injunction in your favour.
it is possible that you will get a positive order if you go ahead and file a case in the lower court.
Regards
Temple construction in public park
I live in Bangalore in a residential layout. Some of our facilities are managed by a residents association which is a registered cooperative society. Some people in the association are planning to construct a temple in a park in our layout. These people are also planning to vote on it in the upcoming AGM of our residents association and get the association to support the construction of the temple. I am against any religious construction in a park or common area. On checking, I observe that such religious constructions are not permitted in parks by the bye laws of the Bangalore Development Authority. I also found that there are consecutive Supreme Court verdicts (in 2009/11/13/16) that prohibit construction of religious structures or statues in public areas. I want to know what I can do to prevent such construction. I am looking for options to preempt such construction (because it is always difficult to remove a structure once it is constructed). Can I approach the local court to get a stay order? Thanks for your help.
Asked 8 years ago in Civil Law
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6 Answers
Hello,
1)You can certainly get a stay against any construction of a temple in the park by making the association the opposite party.
2) Intimate the local government like the Municipal Corporation about such plan that is illegal and provide the authority with a copy of the ad interim injunction that you get from the court.
In case resolution is passed in AGM you can obtain court orders restraining construction of temple in the public park
2) draw attention to bye laws which prohibit construction of temple on public park
You may approach the BDA informing them of the proposed construction of this temple.
Ask BDA to restrain your RWA to go ahead with this construction inasmuch as this not permitted under the BDA Bye-Laws.
If the BDA sits over your complaint and takes no action against the erring RWA, approach the High Court.
Whether the residential layout you live in comes under the jurisdiction of BBMP or B.D.A. If it falls within B.B.M.P then you can lodge a formal written complaint with them stating that your association intends to construct or build a temple inside of the park and that the open space earmarked for a park gets taken away due to this, and therefore seek their intervention to stop the construction. If the B.B.M.P fails to act, then approach the Hon'ble High Court of Karnataka along with other members of your association who are also against this move, by filing a P.I.L and seek for an ad-interim stay of the construction.
If approaching the court is your second option, then the easiest would be to lodge a police complaint against your association and its members in your local police station and sitting down for a dharna in the same park with placards opposing the move of the association in the construction of the temple, (A group of like minded people is needed for this), if necessary then take the help of the social media as well.
First of all you strongly object to the propose temple construction in the park area stating that this is common area and belongs to all the members of the association hence if r construction of any other structure is permitted in the park, the purpose of park will be defeated and also it is violation of the bye laws.
If the association still proceeds on the basis of majority votes, you may immediately file a permanent injunction suit restraining the association from proceeding with its proposed temple construction in the place meant for park within the apartment complex.
You may also make a written representation to the local civic body or the competent authority about this and seek its intervention to stop such illegal activities proposed by the association.
You can gather support of like minded members of the association on such issues.
