You need to take injunction from court to stop the same as urgent relief
Hello sir, In our residential complex, builder has sold all its flats irrespective of their caste and religion. Now there are 20 wings divided into 4 different societies...but conveyance is still with the builder. One of the society is planning to build a temple in the open area at a distance of 15 to 20 feets from a wing, without the consent of owners of their society and remaining societies as well. There is also hardly any place in our society for kids to play..there is hardly some place for parking as well. Please help me with the law and the references by which i can legally stop them from building it..thanks
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Please go through the Bye-laws of your Co.Op Hsg Society. There is standard paragraph prohibiting any member to make additional construction or erection of structures of any type that may cause inconvenience to other residents of the society etc. etc.
Make a complaint to the Secretary & President of your Co.Op. Hsg Society itself quoting that particular clause and ask society to arrange immediate.
Wait for 10-15 days. Make a complaint to Dy.Registrar of Co-Op.Societies of your area indicating violation of stipulated bye-law.
Since conveyance is still with builder his consent is necessary for building a temple in open area
2) further consent of society members is necessary
3) you can take legal proceedings against building
of temple without consent of society members particularly so when there is hardly any open area for kids to play
4) seek injunction restraining building of temple
You can approach civil court for getting a remedy, an Injunction may grand the court for the construction of temple.consent of Builder is necessary for building a temple in open area. The same time consent of all society members is necessary for the same.
1. What does the agreement say with respect to permanent construction being done in the open area?
2. Law will not come to your aid. This essentially boils down to the agreement between the builder and buyers.
3. If the agreement says that no permanent construction can be done in open area then you can file a suit for permanent injunction to stop the commencement of construction.
This is my response to you:
1. Since it forms common area of the building the temple cannot be constructed;
2. Also the conveyance is not done therefore, the society cannot undertake this activity;
3. You can first send a legal notice, if they do not listen then approach the civil court and obtain an injunction order on the construction of the same;
4. Consult a local lawyer and take steps.
Dear Sir,
High Court has clearly stated in a judgment that you cannot build a temple in a residential area. If you want to build a temple in a residential area you need to take the permission of civil authority and clearance of local police authority. If your society members have 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.
The proposed construction of the temple in the vacant place of the society complex is illegal.
The owners of the flats or the society concerned may issue a legal notice to them to refrain from proceeding with the proposed construction.
After that they may make a complaint with the local civic body about this and ask them to initiate legal action to stop those people from putting up the proposed structure.