• Construction of temple in residential society park is illegal or not?

Hello, 
Group of some people want to construct a temple in our society park and pressurising us through political channels.but we are not in favour of that because it is very near to my house and will create nuisance and block the view.there is no temple place marked in society map.they are deliberately trying to construct the temple near our house. Kindly guide a way to stop that illegal construction.
Asked 4 years ago in Constitutional Law

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11 Answers

Hello,

File a civil suit for injunction.

Before that you may get in touch with the local authorities, who may take care of the illegal construction in the vicinity.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can object to construction of temple in society park

2) society would need municipal corporation approval for carrying on construction in society grounds

3) if society goes ahead seek stay order restraining construction of temple in Society grounds

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Approach the jurisdiction court along with other society members and bring an injunction against them. Also get exparte injunction by filing a application under order 39 rule 1 and 2 CPC. If they still interfere even after court restrain them from construction you can file a contempt case against them

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

If the temple is not in approved plans the society cannot illegal construct same without further approvals in the common area.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File a complaint before your local land revenue authority as well as the jurisdictional police station.

Mark copies to your area DC as well as the local DCP and police commissioner. Also send a press release to every local media outlet whose details you can get your hands on. Given them between a week and ten days to react.

Failing any action in 7-10 days, file a public interest petition before your jurisdictional high court. If the high court is far away or it's logistically difficult for you to file a PIL, prepare a detailed letter addressed to the chief justice of the high court requesting that the matter be taken up suo motu. Mark a copy of the letter to the Supreme Court PIL Cell.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Permission needed to be obtained to construct a temple. If they do not have that then they cannot construct it.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Hello

A religious structure, be it a mosque or a church or a temple cannot be constructed on a public land. The park belongs to municipal corporation and hence the construction of the temple is illegal. Therefore immediately file a writ petition in the hc and the hc will pass adequate orders stopping the construction and demolishing the same if they have started construction.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

for constructing the temple, building plans will have to be submitted to the local body for approval

only if such plans are approved can the construction begin

without valid plans no construction can be made on society premises

this is because any type of construction sought to be made will utilise the FSI of the society's land

also the society will have to pass a valid resolution in favour of construction of temple supported by majority members in a general body meeting of the society

so without a valid society resolution and approved plans of local body, no construction can be erected

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Sir,

Get issue a legal notice or get a stay order from High Court.

High Court has clearly stated in a judgment that they cannot build a temple in a resedential area. If they want to build a temple in a resedential area they need to take the permission of civil authority and clearance of local police authority. If they taken the permission to build such temple then it is ok if not then such construction is illegal and needs to be abolished or get such required permission.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

The temple, if not found in the original plan approval, cannot be constructed in the common area that too meant for park purposes.

If the society is not listening to your objections or requests, you may approach immediately seeking a permanent injunction against such illegal constructions.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

There should be majority of members and one consensus if there is no consensus you can approach court for suit of interim injunction,, it's better to approach court as soon as possible before the construction so that no structure need to be abolished.

 

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

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