Society formed or not ? IF yes than can file suit in cooperative court to obtain stay agasint construction. Otherwise affected owners can file civil suit in court to obtain stay as common area meant for some purpose cannot be put use by section of owners/majority owners for their exclusive use.
Unwanted temple construction
Sir, I recently shifted to my new appartment which is in a gated elite community. Builder has not promised a temple. But few residents want a temple near the entrance, which is opposed by few other residents. As it would hamper the look and to.male the community look spacious and mosquitoes free by avoiding clumsyness. How can we stop them from building a temple.. What are the rules and regulations and how can ghmc or law help us. Please do the needy.tq
Asked 6 years ago in Property Law
Religion: Hindu
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16 Answers
It is still under builder association where builder says if all residents are ok then we can go ahead. Residents society not yet formed its after 1 year when builder leaves. Even after the residents form a society can we still have a chance to oppose.
Asked 6 years ago
Yes. Common area cannot be put to use for certain purpose at the instance of majority owners.
You can submit written objections to construction of temple inside your gated complex
if builder refuses to listen to reason obtain court orders restraining construction of temple
If society is formed resolution has to be passed in AGM for construction of temple
2) you can file case before cooperative court and seek stay restraining society from constructing temple in society premises
Yes, you can have chance to oppose the builder and society if it's not in the plan.
You need to approach the court in the said matter and state that the mention of temple is not in the sanctioned plan. You can get an injunction from court
See if the plan of society is approved and there is no permission for building any other structure temple cannot be made in common area. After a resolution only and proper permission temple can be made so opposing members can in general meeting oppose the idea of temple being made.
Yes you will have chance after the society is formed society cannot on its on free will without passing resolution .
- Recently , two residents, one of them the residents’ welfare association (RWA) president of the housing society, have been booked for allegedly building a temple without required clearance from the Greater Noida authority.
- Hence, legally the consent of members of society is not only required , but also permission from the authority like Municipal authority etc required as well.
- Firstly , you should lodge your complaint with the association , that construction a temple there , will create obstacles for others.
- A copy should be forwarded to the concerned authority as well.
- Further , if no response , then you can file a case for permanent injunction against the builder association/ society /persons , who forcibly wanted to construct a temple without obtaining approval , for getting an order for the same.
Common area belongs to society and hence the construction of the temple is illegal. Therefore immediately file a complaint before local authority.
If the approval plan do not contain space for temple, you and other members can object to the construction of temple and then approach GHMC or the registrar or even approach the cooperative court with a petition seeking permanent injunction against the propose construction seeking to restrain them from going ahead.
Discuss the subject with a local lawyer and proceed as pr the suggestions made.
Yes the members can record their objections and oppose the proposal very strongly and if necessary they can even issue a legal notice instructing them to stop the proposal to construct the temple which is contravening to the conditions of approval of the complex.
1. The sale deeds and site plan have to be perused to determine whether temple can be built near entrance. It is governed by the bye laws of the association. If there is no association then it is governed by the sale deed.
2. If the bye laws or sale deed is silent on the issue of temple construction near entrance then the aggrieved flat owners can file a suit for permanent injunction against the builder to restrain him from building it near the entrance.
You can submit your objection for construction of temple by obtaining signatures of others who oppose for the same to the Builder and ask him not to construct the temple.
If he fails to honour your representation, you need to obtain orders from court restraining the builder from proceedings with construction of temple.
If society is formed and if any resolution is passed it can be questioned by you and other members.
1. Any type construction, which includes Temple, requires consumption of FSI. Without FSI, no construction of any type shall remain illegal. Further proper legal permission from Municipal office /Town planning dept. is also required for construction of temple.
2. Check for eligibility of above with the local Municipal office.
1. The residents who are against the construction of temple can file petition for stopping the construction of temple in society.
2. Also pray for temporary injunction for stay on construction till disposal of suit.
