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raj   14 September 2024

Non Vegetarian restaurant near a temple in residential Area

Dear expert,
I am living in residential area. Some one wants to open non vegetarian restaurant just 20 m away from my house.though two temples are already located approximately 150 m from the location of the restaurant. for the safety and security of the family, I personally do not want allow to open that restaurant.Please suggest me how to stop that person.
what are the guidelines for non vegetarian restaurant in residential area. Please help me,how to proceed further Legally.

Regards,
monu singh


Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 September 2024

I understand your concern. Here's a step-by-step guide to help you address the issue: 1. _Check local zoning laws_: Review your area's zoning regulations to see if opening a non-vegetarian restaurant is allowed in a residential area. 2. _Distance from temples_: Although two temples are already nearby, you can still argue that another non-vegetarian restaurant may disturb the peaceful atmosphere. 3. _Safety and security concerns_: Prepare a list of specific concerns, such as potential noise pollution, crowd gathering, or unpleasant odors. 4. _Gather support_: Talk to your neighbors and nearby residents to gather support and build a collective opposition. 5. _Contact local authorities_: Reach out to your local municipal corporation or council and submit a written objection. 6. _Cite relevant laws and regulations_: Reference relevant laws, such as: - The Air (Prevention and Control of Pollution) Act, 1981 - The Water (Prevention and Control of Pollution) Act, 1974 - The Food Safety and Standards Act, 2006 7. _Seek legal advice_: Consult a lawyer specializing in environmental or land use law to explore legal options. 8. _File a petition_: If necessary, file a petition with the local court or high court to restrain the restaurant's opening. 9. _Attend public hearings_: Attend any public hearings or meetings to voice your concerns. 10. _Stay persistent_: Be prepared to follow up with authorities and legal proceedings until the matter is resolved. Additionally, you can: - Contact local religious leaders to support your opposition - Organize a peaceful protest or signature campaign - Reach out to local media to raise awareness Remember to approach the issue in a respectful and lawful manner.

T. Kalaiselvan, Advocate (Advocate)     14 September 2024

THE HINDU RELIGIOUS PLACES OF WORSHIP (PROHIBITION OF MARKETING, SLAUGHTERING, TRADING, COOKING, SERVING AND CONSUMPTION OF MEAT AND OTHER NON-VEGETARIAN FOOD) BILL, 2022

to prohibit marketing, slaughtering, trading, cooking, serving and consumption of meat and other non-vegetarian food within 100 square meter area from the places of Hindu religious worship and for matters connected therewith or incidental thereto.

No person shall directly or indirectly market, slaughter, trade, buy, cook, serve and consume any meat and non-vegetarian products or beef products in premises in any form within 100 square meters of hindu religious place of worship.

 For the purpose of enforcing the provisions of this Act, a police officer not below the rank of Sub-Inspector or a Religious Officer or any person authorized in this behalf by the appropriate Government, shall have the power to enter and inspect any premises within the local limits of jurisdiction of such persons where he has reason to believe that an offence under this Act has been or is likely to be committed. (2) Every person in occupation of any such premises as specified under subsection (1) shall allow the police officer not below the rank of  Sub-inspector or religious officer or the person authorized in this behalf by the appropriate Government, as the case may be, such access to the premises as he may require for the aforesaid purpose and shall answer any question put to him by such police officer or religious officer or the person authorized in this behalf by the appropriate Government, as the case may be, to the best of his knowledge and belief. (3) A police officer not below the rank of sub-inspector or religious officer, as the case may be, upon access to the premises under sub-section (2), seize any vehicle, conveyance and cattle, if he is of the opinion that such vehicle, conveyance or cattle are being used in contravention with the provisions of this Act. (4) After the seizure of any vehicle, conveyance or cattle under sub-section (3), such police officer shall report such seizure without unreasonable delay before the Judicial Magistrate 1st Class: Provided that the authority or officer, other than police officer, seizing such vehicles or conveyance or cattle, shall maintain the seized cattle and hand over any other material, vehicles or persons detained to the jurisdictional police station alongwith complaint and such Officer-in-charge of Jurisdictional police officer shall report such seizure without unreasonable delay before the judicial magistrate 1st class.

 

You may understand the above provisions and take suitable action as provided in the above provisions of law.

raj   15 September 2024

Thanks to both of you for your valuable reply.
Regards
Monu Singh

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 September 2024

About 2 months back a politician held a non-vegetarian party just outside Shri Padmanabhaswamy temple in Thiruvananthapuram. A case was filed against the politician and the politician apologised. You get the guidance of Adv. Kalaiselvan to draft a notice to the owner of the non-vegetarian restaurant.


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