My house is beside a commercial property that has a bank, an atm a bakers a restaurant.
So everyday there are many people who park their vehicle right in front of the gate blocking the pathway for our vehicle.
No sign board has helped so far. Evening keeping barricades hasn't helped.
When approached to the bank and other shops they say its not their responsibility.
Asked 4 months ago in Civil Law from Hubli Dharwad, Karnataka
You require order from civil court. So file a declaratory suit and obtain injunction order restraining parking in front of your premises.
If in spite of such order the cars are parked you can get order from court directing the local police to implement the injunction order.
1) you can complain to the traffic police regarding nuisance created by the haphazard parking of vehicles blocking your access to your gate
2) mention that haphazard parking of car can create law and order problem as it leads to fights among the owners of vehicles parking their cars
3) if no action is taken file RTI application as to what action had been taken on your complaint
4) you can also file private complaint before magistrate under section 133 of IPC for publi nuisance created by hap hazard parking of vehicles
In reference to you notes above - everyone is blessed with his certain Fundamental Rights and which has right to access you own house in such a case if it taken away by some you can fight for it .
Here are options available.
1. Put a notice in front of your house for NO PARKING in front of the gate -Tyres will be deflated
2. Write an application to your nearest police station that your gate is being blocked by people coming to bank , hence bank need to put a Guard to take care of this parking.
3. Alternatively employ a guard at your gate who should stop people from parking in front of your gate. (You can try this for a month to see results)
4. As the gate opens on a public road - there is not much you would be able to do other then the above.
Best of Luck
The bank and shop owners cannot stop those entering their establishment from parking their vehicles outside your gate, you alone can do that. You may file a suit for permanent injunction against general public and also seek mandatory injunction against the bank and shopowners to obligate them to provide parking space at their expense for their customers.
Though you may initiate any action through Municipality or local body for this menace, it will be only temporary relief since this is a place where you find floating population in more number, hence you cannot quarrel every time with every passer by who park his vehicle for just 5 minutes.
For legal solutions you can approach local civic body which may provide you some temporary relief on this.