We are Facing problem of Car parking in front of our House in Residential Area of Anand Vihar,New Delhi.
There is construction of Floors by builders near our House and thus, an increase in concentration of families and cars.
We,have a complete Plot(Kothi) and have 3 cars,which we park in front of our House,and across the road,in front of our house.
But,with builder floors,the people living at other locations,wish to park their cars in front of my plot,across the road,which makes it absolutely difficult for us to find any parking space.
The dispute is that,we as owners of the plot,should have preference to park the cark in front of my Kothi,and also across the road,in front of my kothi.
Please guide on this issue on a legal perspective.
Asked in Civil Law from New Delhi, Delhi
make a complaint in writing to SHO of your area and copy to DCP and Commissioner mentioning the problem which you are facing,in case no action is taken file a complaint in the court Of metropolitan magistrate under 200crpc for directing the SHO to take proper action with regard to your problem
Advocate, New Delhi
as far as across road is concerned since the road belongs to muncipal corporation you cannot prevent anyone from parking his car . area in front of your house you can use for parking . post a security guard in front of your bungalow to restrain others from parking their cars . if they insist i am afraid legally you cant stop them .
Legally speaking, it is not open to a property owner to claim that he has exclusive dominion on the portion of road in front of his house. A road is a public property which belongs to all and can be enjoyed by all subject to the reasonable restrictions laid down under the law. Hence, you cannot claim a preferential right to park vehicles on the part of road in front of your house.
If, however, vehicles are parked by others in front of your house in a manner which prevents you from entering
or exiting with or without vehicles your property then you may move the court to seek a stay order.