Sir. I own a Maruthi 800. I cant take this to my house because some area of the way to my house is a small lane. Because of this i am keeping this in the entrance of the lane which is more than roughly 16 feet width. I am sure even a lorry can pass by that way after parking the car. Some other vehicles are also parking there which owned by the members in that residence association. But I am asked not to park there since not in that residence association. Please note that I am a permenant resident in that area for more than 45 year. Also note that 13 houses including mine are not included in this residence association by saying an excuse that the members are more in their association Sir kindly advice me can i obtain a court order to park the vehicle there itself as my father and mother are aged persons and need the vehicle to take them to hospital when they feel ill Please advice me over mail in the email id [deleted]
Dear Client,
Person without parking space, no four vehicle will sell to him/her. This is general rules prevail most on the parts of country. So, as matter of right, no relief from court. Avoid the association, keep parking, if any damage caused to car, file FIR.
Who is the owner of lane where you park your car
2) if it is ow deny muncipal corporation you can park your vehicle in the lane
3) if it is owned by association you cannot park your vehicle
If the said area is under the residential association and not public place. You will not get order by court to park a vehicle in their private area. But if it's a public place you can park the same without any ones permission
Sir this is a public place. Pl advice me if i am keeping parking there whether association can take the help of police to remove the car from there
If it is public place association cannot force you to remove your car
police will not assist association
On Public place non can claim privilege and open to use equally for all. If police ask you to remove your car than same will apply to them also. If police favors them , than you can approach court for relief.
For illegal options court's are not in a habit to help the litigants so whether it is a public or private place you can't park your vehicle on the public road, better is to search local stand near your house which can help you instead of making unnecessary expenses of lawyers.
If it is a public place then no association can compel you to remove your car from the space. You can tell them so. Ig they still object then give an application to the municipal authorities and they will do the needful.
Regards
If you live there the association and the municipal council has to consider this aspect.
Please continue to park vehicle where you have been parking since that long time. As far as Police is concerned, you ask the police to bring a Court Order. This is a civil matter and not criminal. As far as the RWA is concerned, you write to them and make an evidence. Furthermore, you ask the RWA to get a court order to evict your car from the place where you have been parking since that long.
1. First check whether the land where you park your car belongs to the particular association which is raising objection ofr the government.
If it belongs to state then you have every right to park your car.
Else you can not ark your car in the pressies belonging to another association.
If it is public place then no one can stop you from parking your car.
Eventually you will not get any relief from the court as you are not the part of the resident welfare Association and the parking area belongs to the residents welfare association and they have control over it in when in case you make the resident welfare Association party in your petition I will not give you any relief as you have no right to Park your vehicle on the road which is not allowed and illegal as well.
you cannot park your vehicle on public road.
No they can't as they can't stop you to park the car at public place
You cannot claim the parking space if it is a government road or if that belongs to that association.
Just living in that area for over four decades will not entitle you to claim ownership of that parking space.
In fact if that is a government road then even that association cannot claim ownership nor it can ask you to remove your vehicle from that place.
You first ascertain that if it is a government road, then you may ask them to proceed legally and refuse to remove your car from that place.
You may mention that yo too pay road taxes hence you also have rights to park your vehicle on the road belonging to government.
Since this is a government place, the police cannot interfere in yor parking if they cannot interfere in the association's parking.
Strictly speaking the association should have obtained permission from municipality by paying taxes for this purpose, if not then you too can park your vehicle like them.
Sir can i obtain a resident parking permit from residing corporation. If so what are the formalities
You have to give an application to the society and they have to accept it and they can levy charges.
Muncipal corporation does not give any permit for parking of vehicle in open lane
A road is a public space /public property.
You can park your vehicle on any road if it is
legally allowed to park there. i.e. If the road is not
a 'No parking' zone.
You cannot legally demand resident parking permit, however if you are permitted to park your vehicle by the municipality after collecting some taxes from you, it would be better you enquire from the municipal authorities about it.
Yes
Dear sir
If the lane is a public place then association cannot deny the Parking to you.
Because you dont have way to get the car to your home for parking.
Ask association to take charges for parking if they doesnt allow you but tell them the genuine reason for parking the car there they will definitely understand.
