Mandir in society premises
AK
(Querist) 14 September 2013
This query is : Resolved
Hi. We stay in MHADA alloted flats. In our society in the Annual General Meeting, two people gave an application to the Secretary that they want a temple in the society and for the same, if society permits we will borne the cost of construction of the temple. In the AGM this issue was raised and it got passed. Now there are other people in the society who are not Hindus, like Muslims & Christian who didnt want a Mandir in the society premises.
In the AGM the society put forth a plan of making a stage and now on the stage in the middle of the stage at its latter end they made this mandir.
How correct is this? Can the society do this, by hurting the sentiments of other religions.
Does not Mhada or BMC have any role in this. How can the society do something in a society where other religion people also stay.
On asking the society says, that they have not made this and the construction was done by the two persons who requested for putting money in constructing the temple.
Please help us, how fare is this in terms of Bye-laws of society. How should we go about to solve this issue?
Thanking you in anticipation.
ajay sethi
(Expert) 14 September 2013
for carrying out any fresh construction in society premises BMC permission would be required . construction must have been done in common area of the society . without BMC permission no alterations can be made .
since this is a sensitive issue society ought to have taken permission from BMC after resolution was passed in AGM .
if land belongs to MHADA and society has been granted lease hold rights then MHADA permission would be required .
better resolve the issue amicably after consulations with members of society .
R.K Nanda
(Expert) 14 September 2013
agree with sethi.
Rajendra K Goyal
(Expert) 14 September 2013
Well advised by the expert ajay sethi ji, nothing more to add.
AK
(Querist) 26 September 2013
Thank you very much to all of you.
We submitted our objection to society and under section 164 sent them a notice to stop illegal construction. We have also put up letters to BMC, MHADA and Dy. Registrar. Do you think this will help us.
Even after almost two weeks of submitting this letter to the Society, they have not called us to speak regarding this.
What do you'll recommend, should we wait or should we put another letter for an explanation? Kindly advise.
ajay sethi
(Expert) 26 September 2013
issue legal notice to society . file RTI with MHADA / BMC for action taken on your complaints
AK
(Querist) 26 October 2013
Hi Everybody,
The society has replied back to our letter, saying that, "All the allegations that we had put forward is denied by the Society and further they will take advise and till such time, they deny all the allegations put forth by us. Also whatever society has been doing and had been doing is as things passed in AGM."
My common sense says, "Does AGM decides law? Does AGM has to power to amend the Society Modern Byelaws?
As advised by you, Mr. Sethi we are now filing RTI as there is no response from the BMC and MHADA yet.
If you have any futher advise on this, please put forward.
Thanking you in anticipation.
ajay sethi
(Expert) 26 October 2013
AGM has no powers to authorise carrying out any construction in society common areas . you need BMC PERMISSION .
AK
(Querist) 26 October 2013
Thank you very much Sir.
ajay sethi
(Expert) 26 October 2013
thanks for your appreciation
Rajendra K Goyal
(Expert) 26 October 2013
Agree with Expert Ajay sethi ji, AGM has no powers to authorise carrying out any construction in society common areas . you need BMC PERMISSION"
You may approach accordingly or take the help of some lawyer.
