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Gaurav   20 March 2021

Parking issue and breach of compromise letter

Dear Sir, I live on FF in builder floors (GF, FF, SF), I used to park my vehicle outside the boundary for last 8 years, GF Previous owner used to park his vehicle inside the boundary, Now new owner has come and one day suddenly parked his vehicle at my place threatening me do whatever you can but I will not remove my car. We made a police complaint, A compromise was made and he told that he will park his vehicle inside boundary. We also paid 5500 rs for tiles of outer parking area, We withdrew our complaint , All things in written but next day the person refused to remove his car saying that his car will not fit inside boundary and he will break boundary and install a new personal gate, Now first he breach the compromise, We lost our 5500 rs, Now if he installs a new personal gate which is illegal then we would loose our parking forever as we cannot park in someones front gate. Feeling quite helpless, Should we go for stay and what else we can do? 


 5 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 March 2021

In which State are you?  Have you got a Co-operative Society or a registered Residents' Association? What is the meaning of inside boundary and outside boundary? Are both Society premises?

Gaurav   20 March 2021

Dear Sir, we live in faridabad Haryana, Yes we are society registered with RWS, In builder floor, GF gets some advantage having a lawn (12X12) both from side and back side. Lawn is covered by boundary. There is a common area in front of stairs and a common gate for all GF, FF, SF. Now beyond the boundary ouside there is some space between lane Road and  boundary, That space normally people uses for parking cars, I am parking there for last 8 years, Previous owner used to park inside his lawn, This new owner has a little bigger car and started parking at my place. he is also not respecting compromise letter. he wanted to have a second personal gate, so he can show that he is parking infront of his own gate  and i would loose my parking forever.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 March 2021

Who is the owner of the areas outside of all flats? Is the RWA owner of the areas? Is the lane outside a public lane belonging to the Municipality or other local authority? To whom does the area between the boundary wall and the lane belong? Is it part of your building compound? Your parking right will depend on answer to all these questions. It appears you may have to go to court to establish your right. And courts will take a long time to settle the dispute. You may have to go to court quietly and get an injunction against the other person from parking his car in that place and from constructing  a second gate. You should do this quietly. If he comes to know he may try for a caveat against any injunction.

Gaurav   20 March 2021

Many thanks for your quick response sir, At-least I see some hope here.That area belongs to MCF i.e. no one is owner.. It is withing the society but cannot be claimed. It's just that people who parks .parks .. How much cost and time it will take to get the injunction, Does Injuction means a kind off stay and do I need to start a case  after injunction. What I really want is to have is, this kind of Injunction/Stay.. want to avoid further case (but i needed then I am good) , If he cannot construct then he has to come down on compromise , that;s all I want instead of fully giving my parking. Please let me know cost involved in getting injunction and how quickly I  can get?


Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     22 March 2021

You should do everything in secret. From what you state I understand that the parking area is a no-man's land and neither you nor he can claim any kind of right over that land. But if he is trying to construct something which will prejudice others' right, you can stop it. You have to get a lawyer to file the case in the civil court with jurisdiction. You must pray for a stay order on the other person from using the particular parking lot  and making any construction. When the stay is in force neither of you will be able to park the car in that place. If you want the parking lot to be open, you should ask for stay on the construction only. You will have to file drawing/sketch of the premises under dispute. Photographs also will be good.

As for the costs, you will have to ask the lawyer. Once stay-order is issued he will contest it to get the stay vacated and further expenditures will depend on how things proceed.

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