We two families live in a building and both are owners in possession.
In front of building there is street/road.
Our building is constructed over 3 shops and all those shops are owned by them/building co-sharer.
Few months back, he has encroached over the platform in front of his shop and has covered the platform with steel channels and has made 3 gates facing the road/channel.
Whenever we park our vehicle, either 2 wheeler or 4 wheeler right there, he either drags the 2 wheeler towards the centre of the road or punctured the tyre of car.
Being the owners in possession of the building along with him, is he only entitled for parking below our building just because he owns those 3 shops?
also, is it illegal to park two wheeler in front of such a gate which is result of an encroachment?
Apart from this no place for parking.
1. You can file a Police FIR, requesting investigation and charge-sheet, for various offences like Trespassing, Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Nuisance, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Keep Smiling .... Hemant Agarwal
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