Subhadeep 12 February 2020

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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Quick Summary

This discussion addresses the legality of car clamping by an unregistered Residents' Welfare Association (RWA) in government-owned residential complexes. While RWAs may have rules, clamping private cars, especially by an unregistered body, is generally considered illegal and a prosecutable offence. Only government authorities have the power to remove unauthorised vehicles, often through the RTO or police, not by clamping. It's advised to check the RWA's bye-laws and consider seeking information via RTI for clarity on laid-down norms.

4 Replies

G.L.N. Prasad (Retired employee.) 13 February 2020

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.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 13 February 2020

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
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SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 13 February 2020

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.