Church Property under dispute

Querist : Anonymous (Querist) 12 November 2009 This query is : Resolved
Church property under dispute.
The Property is more than 100 years old. This property was used as Mission Bungalow serving the poor with medical facilities and residence for mission workers. Some 15 years ago efforts were taken to construct a church building demolishing one of the compound walls. But some villagers tried to obstruct the construction of a church citing that the land belong to a local Hindu temple, and many church members and the church priest were attacked and wounded. The dominant caste villagers are obstructing the construction of the church using violence.
The local police are citing Law and order problems for any help to construction of the church. The police are also afraid of the Local dominant caste people. They are obstructing to move the construction of the church by influencing the police, the local panchayat administration.
The Panchayat President is not giving permission after having submitted our application for construction of the Church, for fear for life and use of violence by some dominant caste people.

We have Patta, Chitta and Adangal to the above said property. But we are not still able to take possession of the said property. As the dominant villagers are obstructing to any move to take possession. And the police seek proper court orders, since the property is highly vulnerable to cause law and order problems.
1) Kindly suggest as to how we could take possesion of the property?
2) Kindly suggest how we could get the Local panchayat's approval (No Objection Certificate) for Construction of the Church, as it is being denied by the Panchayt president even after repeated applications
3) how we as the Church can take up the matter legally?
Kindly help
Regards
Church Preist.

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adv. rajeev ( rajoo ) (Expert) 12 November 2009
u will have to file a suit for possession and consequential relief of injunction against the persons who are obstructing you and panchayat.

Raj Kumar Makkad (Expert) 12 November 2009
If the property was never church in the past and was only a church property meant for hosppital or some other use like residence then why to change its nature in the sensitive areas?

If any fresh place of worship is to be constructed then definitely local residents are to be taken into confidence. However, we are confined only to the legal aspect. If property belongs to Church then establish it before court of law in a civil suit for possession.

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