In Gujarat in Anand Municipal Corp area next to our single family Cooperative housing society we had a small 3-4 story Swaminarayan hostel for students studying in University in the town for last 50 years. In last 3-4 years Swaminarayan temple bought out more surrounding land and replaced the hostel with 8 story tall building in addition they also built a separate Temple building and started Aarti on Loud speakers early morning and evening. The tall Hostel building has blocked sunlight to several homes in the Housing society, the noise is disturbing elderly and students studying for their school work. The hostel is on a 9 meter (30 Ft) wide small road. Looks like there is corruption in Anand Collector office & Urban development office to grant this illegal change of use in the middle of established residential areas. Most people are afraid to raise voice due to backlash from religious lobby. I am one of the affected neighbor finding it difficult to get cooperation from neighbors to fight this injustice. Can you suggest an attorney willing to represent without being bought out my influencial rich Swaminarayan lobby?
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Lawyers are available now to answer your questions.
As far as an attorney you can choose a lawyer from this website hailing from the area of your concern or you can directly approach a lawyer from Anand bar association also.
You may please note that all are equal before law hence you need not be worried about the so called 8influential lobby.
From the facts stated by you, there are two distinct issues: (i) the legality of the construction and change of land use, and (ii) the nuisance allegedly caused by the activities of the temple and hostel. The fact that the property belongs to a religious organisation does not place it beyond the scrutiny of municipal or planning laws. If the building has been constructed in violation of the sanctioned building plan, Floor Space Index (FSI) norms, zoning regulations, or without valid permission for change of land use, such approvals can be challenged before the competent authorities and, if necessary, before the jurisdictional High Court.
As regards the obstruction of light and ventilation, while a neighbour does not have an absolute right to uninterrupted sunlight, if the construction violates the applicable building regulations or mandatory setback requirements, you may seek appropriate relief. Similarly, the use of loudspeakers is regulated by the Noise Pollution (Regulation and Control) Rules, 2000, and no institution, including a religious one, is exempt from complying with the prescribed noise limits and obtaining necessary permissions.
Before initiating litigation, it would be advisable to obtain copies of the sanctioned building plans, building use (BU) permission, change of land use approvals, and occupancy certificate under the Right to Information Act or from the Anand Municipal Corporation. These documents will help determine whether the construction and its present use are lawful. If violations are found, a detailed representation may first be submitted to the Municipal Corporation, the Town Planning Authority, and the Gujarat Pollution Control Board (in relation to noise). In the event of inaction, you may consider filing a writ petition or appropriate civil proceedings seeking enforcement of the statutory provisions.
Since you have indicated that other residents are reluctant to come forward, you may still pursue the matter individually if your legal rights are directly affected. A case supported by documentary evidence of planning violations, photographs, noise recordings, and copies of official permissions is generally more effective than allegations of corruption without supporting material.
You should consult high court lawyer practising in Gujarat high court rather than local lawyer practising in your city
2) document the decibel levels or times of the early morning loudspeaker aartis
3)for noise pollution complain to the Gujarat Pollution Control Board (GPCB)
1. Unless the decibel of noise exceeds the permissible limit and beyond the permissible time, mere disturbance is no excuse.
2. Moreover, if the height of the building was also permissible considering the width of the road as per the local Municipality law, then also blockade of light and air is of no defence.
Therefore, first check there is violations of these parameters or not. If the answer is in affirmitive then you can file writ petition in high court,
Right to Light: Under Section 15 of the Indian Easements Act, 1882 new construction has substantially reduced natural light and open outlook that our properties enjoyed for over 50 years According to CGDCR 9 meter road width is not adequate for 8 story building. Also local development authority AVKUDA is clear on building use of residential zoning change to Temple P/SP in the middle of established residential area is not possible without ofcourse hanky-panky
In the given circumstances you may have to file a suit for easement rights for the said reason as well as an application for mandatory injunction to bring down the structure to facilitate you with the requisite air and light.
You may consult with an advocate to know about the procedural formalities before filing an appropriate civil suit.
You have good case on merits
you can file RTI application as to how construction had been permitted in residential area in flagrant violation of guidelines