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Thursday, December 22, 2011

can a mosque or church or temple constructed if the local people objected? is there any special sanction obtained as per building rules for construction of place of worships?






The Section 235A of the Kerala Panchayath Raj Act 1994 gives power for the Government to make Rules in connection with the Construction of buildings. It read so:
235A. Building Rules:
(1)          The Government may make rules-....
(2)          (b)     No site shall be used for the construction of a building intended for public worship, if the construction thereon will wound the religios feelings of any class of persons.

The Rule 7(8) provisio of The Kerala Panchayath Building Rules 2011. It read so
Rule 7(8): 
In the case of an application for development or redevelopment of any land within the Security Zone, the Secretary shall consult the District Collector concerned before permission is granted.  The District Collector, after getting specific recommendation from the Director General of Police, shall furnish his reply. The objection if any raised and/or restriction and/or regulation if any suggested by the District Collector shall be complied  by the Secretary while issuing the permit.   
       Provided that in the case of development or redevelopment for religious purpose or worship, prior approval or clearance or permission and concurrence as the case may be, of the District Collector concerned shall be obtained and also the conditions stipulated in the Manual of Guidelines to Prevent and Control Communal Disturbances and to Promote Communal Harmony which is in force have to be complied with. Applications for renovation without involving additional built-up area or structural alterations of existing buildings for religious purpose or places of worship can be considered by the Secretary after informing the District Collector in form in  Appendix - N duly filled by the applicant and verified by the Secretary. The permit shall be issued only after the receipt of the concurrence  by the District Collector.  

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