Upgrad LLM

government residential quarters car clamping


i stay in a govt owned and managed residential flat complex. The unregistered RWA has clamped a few cars of visitors and even residents who parked in a non designated location inside the complex.
what is the rule or legal position in this case ? especially since it is a govt facility ? please throw some light on it.

is there any judgement on it ?
 
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Retired employee.

File Application seeking such information under RTI and get copy of such laid down norms from the authority that clamped such rules.  You can also ask your friend or relative from distant place to seek such information in his name and address.

 
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ha21@rediffmail.com Mumbai : 9820174108

1. Clamping of private cars in a private or govt. layout is illegal & a prosecutable penal offence of Intimidation & restraining, more specifically so by a "unregistered" RWA.

2. ONLY Govt. authorities (estate dept.) can take action (but NOT vehcile claimping) by informing the local RTO /Police, to remove the unauthorised parked vehicles. Individual persons also can inform the Police about the suspected illegally parked vehicles.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 

 
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Retired Manager

There should be the discipline of the cars being parked properly so that nobody's car comes in the way of others and more so in some health emergencies. Understand the spirit behind such clamping rules and cooperate with the authorities concerned.

 
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Adv P & H High Court Chandigarh

RWA might be having force of law as enrished in its bye-laws. It shall be better to go through those bye-laws/norms before forming any final opinion.

 
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