• Erection of temple in housing society

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
Asked 4 years ago in Constitutional Law

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10 Answers

You need to take injunction from court to stop the same as urgent relief

Prashant Nayak
Advocate, Mumbai
31949 Answers
179 Consultations

4.1 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94714 Answers
7530 Consultations

5.0 on 5.0

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.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You can get stay from court and once all flats sold, builder has no say or conveyance.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84915 Answers
2195 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear heat there is no place for the parking or for kids or less for both, but still some people want to build a temple.
  2. They must be with the thought that for temple they have all the permission without even asking from others.
  3. This should not be allowed at he threshold.
  4. No government authority will interfere in the matter, but surely court of law has got the jurisdiction to entertain your civil suit for injunction against building of the temple.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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