• Two wheeler parking nuisance

I have a ground floor flat in Chembur Mumbai. The distance between boundary wall and my flat is less than 2.75mtrs. Building line project outwards my flat 1.2mtr overhead. I have fitted grills 0.45mtrs for my safety as it is ground floor. Now the effective distance remain 2.3mtr. People park motorcycles touching to my window to take advantage of architectural projection in the same passage. Nobody wants to park motorcycle touching building wall. As the passage is small it gives lot of noise trouble of motorcycle driving to my flat. People in the building due to majority suppress me and say it's open space and I have to bear the nuisance. It is their right to park vehicle anywhere. In fact they are objecting on my safety grills stating is illegal construction. Society is not yet formed and builder is trying to keep himself away from disputes. I checked the sanctioned plan but no two wheeler parking is shown anywhere,  it shows details of four wheeler parking only. Moreover children in the society while playing shout a lot and create nuisance to me. All have children and therefore ignore nuisance created by children to me. Although warning all residents to Lodge complaint against nuisance nobody is bothered as I am the only one affected. My questions are how to stop all nuisance created by people and children. If two wheeler parking is not shown in sanctioned plan can I restrict motorcycles passing or using the narrow passage for parking. There are other gates also but nobody want to use those gates.  Apart from this passage there are other passages also on both sides of building but people give preference to their convenience not to my trouble. Can I be ever able to enjoy my flat? To whom should I approach for fast and economical results over this issue.
Asked 3 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) you cannot object to children playing in society compound 

2) as far as 2 Wheeler parking is concerned since society is not formed issue notice to builder to provide for slots for 2 wheeler parking 

3) check  plans for parking sanctioned by municipal corporation .

4) file RTI application and obtain plans for parking sanctioned by municipal corporation 

5) you can object to 2 wheeler parking next to your flat if it is not within sanctioned plans 
Ajay Sethi
Advocate, Mumbai
23126 Answers
1215 Consultations
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1) file complaint against builder before consumer forum for  allotment of parking area in recreation zone ... area   around your flat cannot be used for parking if it is recreation area 

2) seek orders to direct builder to remove parking slots in recreation area and for compensation for mental torture undergone by you 

3) for safety grills installed in your flat you can obtain permission from BMC  
Ajay Sethi
Advocate, Mumbai
23126 Answers
1215 Consultations
5.0 on 5.0
1. Since the society has not been formed yet the remedy for you is to file a suit for injunction against the builder and all the flat owners to restrain them from parking their two wheelers near your wall and also to seek a judicial command to them to stop their children from using the area near your flat. 

2. You have the right to modify your property to install iron grills for your safety purposes.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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