• What is the space for car parking for corner of the house for day and night

I am facing problem parking done by know and uknow people around my house. As my house is in corner and i get bigger space on both sides. Some unknown people park there car their for many days without informing me. And on both sides of gate their space Neighbouring people park their car in my space they tell me that it is RAJKOT MUNICIPAL CORPORATION GUJARAT property we can park anywhere and from 11 :00 night to morning 8:00 will wash our car here only. On corner of house both sides their are street road going. When we go sleep then they will park the car or infront of us they will park.One of the Neighbours have said that they permanently park their vehicle on my left side of the gate 11colck night to 7 clock morning but will it take reverse one the vehicle always been park it may happen some day my vehicle will got damaged. They have some police connection also.
Asked 2 years ago in Property Law
Religion: Hindu

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17 Answers

Dear sir

For that you have make adjustments ask those people politely that this is my home and I don't want that you cover my parking area or park in front of my gate. Ask them to park the car as such that you also get full space for parking of car also your gate can also be open easily. I case of any emergency. If still they don't listen make a police complaint that they are threatening you for worst consequences if you stop them. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Dear 

Then the only option left with you is write a letter to SP regarding this problem but you have to add in the letter that they are threatening you and harassing you by washing their car in front of your house intentionally and also mention that they have some of the friends in police department also due to which they are confident that your complaint will have no effect on them. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

You can park the same if it's not illegal as per no parking direction of corporation

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

This type of nuisance is defined in Section 268 of the Indian Penal Act.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

Siddharth Jain
Advocate, New Delhi
5820 Answers
88 Consultations

5.0 on 5.0

You can file a complaint against them for nuisance under section 268 of the IPC.

Also, you can file suit for mandatory injunction, with interim relief in a civil court as well.

Siddharth Jain
Advocate, New Delhi
5820 Answers
88 Consultations

5.0 on 5.0

You can file a police complaint under sec 268 of IPC and file a complaint for Public Nuisance.
It is always best to handle this issue amicably. Usually, the area in front of the house should be not obstructed by anyone but the space doesn't belongs to anyone. It is just the right of way that prevails. Or its best to park your car or two wheeler in front of your house to occupy the place.

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

1) file complaint against car owners who park their car outside your house with muncipal corporation 

 

2) request RMC to declare area no parking zone 

 

3) also complain to police against public nuisance of car parking in front of your house 

 

4)you can also private complaint with magistrate for public nuisance created by car owners parking car in front of your house late at night 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

Hi,

Police connection does not mean that someone will do wrong with you. You are first suggested to confirm about the ownership of the land and if it belongs to you, you may very well stop anyone from parking your vehicle there.

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

Also, even if the place belongs to municipal Corporation, you may stop other's parking on grounds of nuisance.

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

You can file a police complaint of Wrongful restraint under Section 339 of the Indian Penal Code (IPC) against the person who owns the vehicle or who parked the vehicle in front of his gate and can get stay order under O39R1 or 2.

Prerit Goyal
Advocate, Jaipur
13 Answers

Not rated

Person not having car parking not permitted to own car. Complain to police for creating nuisance.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

Legally you cannot object somebody parking their vehicle on the public road.

The road outside your house is not your property hence you cannot fight or quarrel over it with the people.

You may talk to the people and ask them to park their vehicle so that you also get space to park your vehicle.

If ther are nuisance in this regard then you can lodge a criminal complaint with the police otherwise you canot legally stop them from parking their vehicles outside your house on the public road.

 

 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

If they are creating nuisance by dirtying your atmosphere  which is causing health hazards, then you may lodge a criminal complaint with police and also to the local civic body for making the area untidy due to washing the vehicle on the road.

 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You can lodge a complaint with the local police against that person for creating nuisance by parking his vehicle in front of your house thereby blocking your way and access to road as well as your ingress and egress, provided if he refused to remove it from there even on your request.

He can no doubt park his vehicle on the road but not objecting your easy access to your house and road.

 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You need to file a writ Petition in high court if corporation is not taking action against him after your complaint

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

In that case, you should file complaint against him as advised above.

You can also consider filing a suit for permanent and mandatory injunction with interim relief against him.

Siddharth Jain
Advocate, New Delhi
5820 Answers
88 Consultations

5.0 on 5.0

1) Section 268 of the Indian Penal Code, defines public nuisance as “an act or illegal omission which causes any common injury, danger or annoyance, to the people in general who dwell, or occupy property, in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.”Simply speaking, public nuisance is an act affecting the public at large, or some considerable portion of it; and it must interfere with rights which members of the community might otherwise enjoy

 

2) you can file complaint with magistrate under section 133 cr pc for removal of public nuisance 

 

3) 

Whenever a District Magistrate or a sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers—

(a) That any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; may pass orders 

To remove such obstruction or nuisance; or

Ajay Sethi
Advocate, Mumbai
84937 Answers
5617 Consultations

5.0 on 5.0

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