Response

General Development Control Regulations are a set of rules that are planned to ensure the proper and effective development of a city, as well as the general welfare of the public and they make a clear distinction between residential buildings and religious buildings; the Gujarat high court has ruled that religious structures cannot be built on land which has permission for a residential building only and that without prior permission from the civic and police authorities, a religious building cannot be constructed in a residential colony.

If it is a society, you will first have to pass a resolution in the annual general meeting of the society where a majority of the society members vote towards the building of the temple; after this you will have to make an application to the municipal authority to get a permission to build a temple because carrying out any fresh construction in the society premises requires the permission of the municipal authorities; moreover, the construction must be made in the common area of the society.

If you make illegal construction of a temple in your society, it will be against the law and anybody can file a complaint against you to the municipal authorities after which they will take the appropriate actions against the construction, further legal action may also be taken against you.

Reference: General Development Control Regulations – 202100457-20210043-16145

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