• Parking

Dear sir

We are residents of Bharat Apartments having total 7 No of flats. There are three shops on the ground floor which were origininally defined as garrages but changed to shops at a later stage.

In our registry owner has added a line that we can park our cars in non working hours but he never told us that these garrages will be used as shops

Now Shopkeepers are creating problem to us and are not allowing us to park our cars. They are parking their cars whereas it is clearly written in their regisitry that they can not park their cars in this area and this area belongs to seven flat owners. Only problem is of non working hours mentioned in registry

Moreover  there is a road in front of their shops which is appx more than 20 feet away from their shops. They are not allowing us to park our cars on that road also. Whereas in the market area there is just little space in fron of all the shopkeepers and they do not create problems for parking.

Sir can you tell us please , if they can stop us in parking our cars on that road which is 20 feet away from their shops. One of the shopkeeper's wife is working in Home guard depart not on a big post perhaps just on daily wage. but she gets influence on police and creates problem for us.

Sir pl tell us what to do now. If we go to court it will take long time. What is the best solution

Regards

Amit Sareen
(9816044077)
Asked 2 years ago in Property Law from Solan, Himachal Pradesh
you cant be stopped from parking on road . only if it has been declared as no parking zone then only   you cant park cars in road . file RTi application to find out restrictions  laid down for parking in your area . file writ petition in HC  if you dont receive justice .
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
since they do not have permission to run the shops ,you can make complaint to the chairman ,municipal department,i am a regular visitor to solan and i can under stand your parking problem,you can also make a complaint to SP,Himachal police is very effective they will definitely do something for you
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Hi, in the agreement it is provided for space for parking to your car it is better to approach court to shut the shop as they have no authorization to run shop and it was reserved for garage.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
If there is no clause in the deed which lays down that garages can be converted into shops without the prior permission of municipal corporation then permission of corporation was inevitably required. If the permission has not been obtained then the shopkeepers do not have the right to continue their business from shops. They must pull down the shutters immediately. If they do not do so then apartment association may move to court and evict them in accordance with law. 

Only police can stop you from parking on the road, and that too if you park in a place which has been declared as a 'no parking zone', or otherwise it is illegal to park thereon in terms of the law relating to vehicle parking on a road. Shopkeepers have no right to stop you from parking your vehicles. Move the HC for protecting your rights whereupon the HC will teach a lesson to shopkeepers and the home guard lady who have taken the law for a ride.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0

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