Reconstruction of Temple Reconstruction of Temple

8 months ago

I am the heredity and worshiper of Hanuman temple, Under Bombay Public Trust Act 1952 our town has moved to another place due to the flood, the temple has been built in a new place, but it is a playground of Panchayat there be any problem if I install a statue of God there? Will the people of the town trouble us if our Trust rights are reduced

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
A Deed of Trust registered under the Bombay Public Trust Act 1952, empowered a trust or a member trustee to construct a Temple and install the statue of God in a place which is belonged to another authority without consent or NOC of that authority, which will be treated as unauthorized construction and illegal trespass. Accordingly, the Trust may face legal consequences if the matter is litigated by the concerned Panchayat in Court. As per Sec.22(1) the Bombay Public Trust Act 1952, where any change occurs in any of the entries recorded in the register kept under section 17, the trustee shall, within 90 days from the date of the occurrence of such change, or where any change is desired in such entries in
the interest of the administration of such public trust, report such change or proposed change to the Deputy or Assistant Charity Commissioner in charge of the Public Trusts Registration Office where the register is kept. Such a report shall
be made in the prescribed form. As per Sec.22(1A) of the Act, where the change to be reported under sub­section (1) relates to any immovable property, the trustee shall, along with the report, furnish a memorandum in the prescribed form containing the particulars (including the name and description of, the public trust) relating to any change in the immovable property of such public trust, for forwarding it to the Sub­Registrar referred to in sub­section (7) of Section 18. So, visit the concerned office of the Deputy or Assistant Charity Commissioner Panchayat for recording the change in trust property and get in touch with Pradhan to resolve the matter amicably out of Court.
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