conflict of fundamentaql rights

legal advisor

There is a hindu temple. Oppsite it is a pond. Men & women take bath in it before they enter the temple. A petrol pump opposite the temple, adjacent to the pond owned by a muslim is coming up. People feel it would affect the manner in which women take bath in open in pond before entering temple and Public Peace would also disturrb.
A plea is to be taken that it would affect their freedom of religion and long heritage and customary practise.
is there any ruling which restricts the distance between a religious place and a petrol pump ?
 
A PIL is to be filed seeking a restraint order or a writ of mandamus as the location has been allotted / approved by Govt. shll be changed?
 
What can you come up with ?
 
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Advocate

This is very practical problems and I wish to answer your query. You said that the pond is owned by your muslim brother but you want others to respect your religious customary practises, if so you must also learned to respect others civil rights. Here there is a conflict of interest so why dont you sit together and resolved the conflicts. For example you can persuade your muslim brother to erect a wall near the pond so that your women folk can take bath without any fear of  the public, as that is the only reason why you are objecting to the petrol pump.You can also refer to section 295 of the IPC and the Protection of Civil Rights Act 1955. This is my personal views only, and I wish to learn more from the members in this practical problems.

 
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UNEMPLOYED

dear anand,

you have not explained, - what the fundamental rights of one is conflicting in your case?

Quote Men & women take bath in it before they enter the temple; People feel it would affect the manner in which women take bath in open in pond before entering temple unquote.

pump situated in it's own place not encrached the mandir area. as it is owened by muslim therefore it is harmful - it is not a good logic, not nice also.

instead of wasting time to sc, you do one thingh, make a boundary wall in the ladies bathing ghat.

there is an act that - near 100 mtrs of a mandir, wine can not be sold. in my area one lady file a pil that, wine shop should be stopped as it is within the distance of 100 mtrs. after enquary  hc rules that, as the wine shop is older than the mandir then it is not the wine shop, but the mandir is responsible not to  maintain the distance. wine shop situated on personal property whereas mandir situated on enchroach the govt land and came to existance long after the wine shop.

 
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legal advisor

FR one u/ A 26, freedom to manage religious affair, n thanks for ur valauble advices i will direct the village community all the possible suggestions including ur suggestion for there benefits.

thank sirs.

reghards

anand prakash

 
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