Someone is parking in front of my house
Querist :
Anonymous
(Querist) 24 April 2020
This query is : Resolved
We own the building in Delhi. Some people are deliberately parking in front of the Entry gate of our house. Many times I have requested them not to park in front of our gate. But they start fighting sometimes and sometimes they move the car.
How can I resolve this issue?
How can I get the order of no parking in front of the gate from Delhi Police?
I have seen people writing in front of the gate that no parking or tyres will be deflated by order Delhi Police.
How can I get that as I do not want to keep on facing this problem?
Please let me know what can be done.
SHIRISH PAWAR, 7738990900
(Expert) 24 April 2020
Dear querist,
You can make complaint to traffic police. They will take action if car is parked exactly in front of the society gate.
Regards,
Archit Uniyal
(Expert) 24 April 2020
Hi,
Under Articles 19 and 21 of the Indian Constitution, every person throughout the territory of India is conferred with the right to freedom of movement and is guaranteed personal liberty. In furtherance of this objective set up by the Constitution, the Indian Penal Code lays down penal sanctions in case a person violates the freedom of movement or personal liberty of another.
Section 339 in The Indian Penal Code talks about Wrongful restraint. It states that whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.
Example - A obstructs a path along which Z has a right to pass. A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.
To establish the offence of wrongful restraint the complainant must prove all the following essential:
1) That there was an obstruction
2) That the obstruction prevented the complainant from proceeding in any direction
3) That the person/complainant so proceeding must have a right to proceed in the direction concerned.
Section 341 of the Indian Penal Code imposes punishment against the wrongdoer under Section 339 with simple imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees, or with both.
In this case, your neighbour has restricted your movement and hence you can file a case against him under Section 339
I hope this solves your query.
Regards,
Archit
Rajendra K Goyal
(Expert) 24 April 2020
Parking on roads and streets has become major problem in residential area or otherwise in Delhi, NCR. Generally Police avoid to take action till main road is blocked or total passage is blocked / complaint is received.
Whenever, vehicle is parked, call / complaint to Police.
Install CCTV before gate of your house to have recording / proofs.
You can displace "No parking before the gate please" it seems no permission is required for it.
Rajendra K Goyal
(Expert) 24 April 2020
Raise the issue with local RWA to short out the problem if the solution is not arrived by mutual understanding.
Raj Kumar Makkad
(Expert) 24 April 2020
Making a complaint withe the local police is the sole remedy, however, you shall have also to become brave in the given situation. If the car of the said person is found punctured one or two times, certainly he may avoid to park his car in front of your main gate.
Raj Kumar Makkad
(Expert) 24 April 2020
If the aforesaid place is not meant for the parking space then you may also go to the court of SDM under section 133 Criminal Procedure Code seeking the removal of public nuisance being created by such person. A simple application containing the entire problem being faced by you due to nuisance shall have to be mentioned therein.
Rajendra K Goyal
(Expert) 25 April 2020
Moving to SDM or Court should be as last avenue. Court case is time and cost consuming. court case would be of no use till stay is granted till decision.
First take all other steps to solve the problem.
Moving to SDM court is better than civil court route.
Raj Kumar Makkad
(Expert) 25 April 2020
Sub Divisional Magistrate consists word magistrate but itt is an administrative officer who does not take much time to decide such petty applications. Law permiits him to do so hence the option can be got availed by you.
I also persume that comiing and posting your problem on this site by you is outcome of the failure of all other options to which one of the experts has indicated.
Rajendra K Goyal
(Expert) 26 April 2020
Even if one has tried to resolve the issue, there is nothing wrong to try once again by taking help of effective person of the area.
Dr J C Vashista
(Expert) 26 April 2020
Move application u/s 133 Cr PC before area SDM as advised by expert Mr. Raj Kumar Makkad, I agree.
You can also seek an injunction from civil court restraining the person/ defendant from obstructing your passage.
Raj Kumar Makkad
(Expert) 26 April 2020
Thanks dr. J C Vashishtha for agreeing with my reply.
