Can’t build temple on residential plot: HC

Ahmedabad: The Gujarat high court has ruled that religious structures cannot be built on land which has permission for a residential building only. The court made it clear that without prior permission from the civic and police authorities, a religious building cannot be constructed in a residential colony.
    The court was dealing with a case, where the construction of a Jain temple on a plot of Vasantkunj Society in Paldi was objected to by a couple of residents of the colony. Upon the court order, AMC asked one Ratnayatri Aradhana Bhavan Trust to first stop and then remove construction of Aradhana Bhavan, as the building was being constructed without due permission under the municipal corporation’s laws.
    The trust also approached the court against AMC’s action, but the court was of the opinion that General Development Control Regulations (GDCR) make a clear distinction between residential buildings and religious buildings. “Residential buildingswill not attract crowds, but at the same time, community buildings, may be for any purposes, like a community or marriage hall, recreational club or religious building, attract crowds. Parking space is provided to be 15% of maximum permissible FSI in residential buildings, whereas in the matter of community buildings it is 50% of a building unit. It is at this juncture that two uses of a building make a difference,” the court opined.
    The court further made it clear that till the time the structure is used as residential building for sadhus and sadhvis, there cannot be any breach of regulations. But if it is used as a religious building and attracts crowds on a regular basis, it is a breach of regulation.
    After Ahmedabad Municipal Corporation assured the court that it would take all necessary action in this regard, the court disposed of the plea objecting to construction of the temple. However, the court also directed AMC to grant an opportunity to the trust to present its case and take a decision only after hearing the religious body.