• Neighbour always parking in front of my house

My house is in front of NH66. Issue is that my neighbor who runs an automobile workshop regularly parks his commercial vehicles & car infront of my compound wall and in the highway land.

We have filed a case in the court & judge initially was about to pass a judgment against parking the vehicle but my neighbor’s lawyer objected the same. He said he will produce a judgement which favored parking a vehicle adjacent to the highway. Is there any recent law which clearly states that the road-side parking (parking in the highway land) is illegal so that my advocate can bring into court’s reference.
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

- As per section 24 and 27 of the Control of National Highways (Land and Traffic) Act, 2002, all project directors can take decisions on issues related to maintenance of land and traffic management on highways.

- Further, under this section , parking a vehicle on National Highway without getting permission will be slapped hefty fines,and the vehicles will be impounded and the vehicles will be auctioned off if the fines are not paid within a week.

- Further, the National Highway Authority of India has been authorised by the Union Road Transport Ministry to crack down on illegal encroachments and parking.

- Further, the National Highway Authority also has been given the power to take decisions on issues including prevention of occupation of highway land, removal of unauthorised structures, and recovery of the cost of removal of unauthorised occupation and fine imposed. 

- Further, none having right to park their vehicle in front of other house or property without getting prior permission , and that owner of the property can charge parking fee from the vehicle owner legally. 

- Hence, you can lodge your compliant against them before the National Highway official against their illegal parking. 

Mohammed Shahzad
Advocate, Delhi
14651 Answers
224 Consultations

You have already taken the recourse to law.therefore wait for the decision to come.

In the meanwhile seek interim relief in the form of injunction.

Consult a good civil lawyer.

Devajyoti Barman
Advocate, Kolkata
23288 Answers
519 Consultations

Drivers parking their cars illegally on National Highways will be slapped hefty fines, their vehicles will be impounded and the vehicles will be auctioned off if the fines are not paid within a week. National Highway Authority of India (NHAI) has been authorised by the Union Road Transport Ministry to crack down on illegal encroachments and parking. NHAI also has been given the power to take decisions on issues including prevention of occupation of highway land, removal of unauthorised structures, and recovery of the cost of removal of unauthorised occupation and fine imposed.

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

With the New Motor Vehicle Act of 2019 imposing huge penalties, there is tremendous pressure on people for not breaking the laws. But unfortunately, most people do not realise if they happen to violate any law. This goes without saying for people who park their vehicles improperly or illegally.

 

Most people in India are unaware of the parking rules. Here’s a list of parking rules in India that you must follow according to the New Motor Vehicle Act, 2019.

  1. Do not abandon or park your vehicle/trailer at a public place where it may cause obstruction, inconvenience, or puts other people in danger.

  2. Ensure that you are parking your vehicle according to the road signs or markings (if any) that indicates the manner of parking.

  3. You cannot park your vehicle -

    • In the no parking zone or places in which parking is prohibited

    • On footpaths or far away from the footpaths

    • On private properties without the owner’s consent

    • On the main road or roads with high-speed traffic

    • On the wrong side of the road

    • On the path that has unbroken white lines in the centre

    • In front of the entrance of any premises

    • Near bus stops, schools, or hospital entrances

    • In front of any road signs that could possibly be obstructed with your vehicle

    • Near road crossings, a bend, top of a hill, or near/and on the bridge

    • Near any traffic signal or pedestrian crossings

If your neighbor has violated any of the above rules,you may quote the latest MV rules and strengthen your cs in the argument. 

 

Clause 122 of the Motor Vehicles Act (1988) says that “no motor vehicle should be left on the public road in a dangerous position or in such a manner so as to cause inconvenience to other road users or abandoned.” This means that parking in front of a neighbor's garage, double parkingparking on private property or .or public places not sanctioned for parking is against the law.

 

T Kalaiselvan
Advocate, Vellore
87470 Answers
2348 Consultations

Dear sir/madam,

 

Your advocate can refer to these sections/laws:

 The National Urban Transport Policy (NUTP) of India devised by the Ministry of Urban Development in 2006 largely sets the tone for parking in India. It directs state governments to make suitable amendments to building rules to provide adequate parking spaces. The Municipal Corporation or the concerned city authorities have the mandate to govern both on-street and off-street parking. However, laws relating to parking are loosely set, based on guidelines and conviction of the local bodies since states have historically given less importance to parking while devising urban development plans.

The Rules of the Road Regulations, 1989 state that when parking a vehicle it must be made sure that “it does not cause any danger, obstruction or inconvenience for other road users.”

Clause 122 of the Motor Vehicles Act (1988) says that “no motor vehicle should be left on the public road in a dangerous position or in such a manner so as to cause inconvenience to other road users or abandoned.” This means that parking in front of a neighbor’s garage, double parking, parking on private property or public places not sanctioned for parking is against the law.

Even places that are designated parking areas are not free of regulations; clause 126 of the Motor Vehicles Act states that “no motor vehicle should remain stationary in a public place unless there is a licensed driver in the vehicle or where the engine has stopped running, proper precautionary methods have been taken to ensure that the vehicle will not move accidentally in the absence of the driver.” Sloped roads or storefronts with “No Parking” signals are not fair game.

 

Anik Miu
Advocate, Bangalore
10299 Answers
121 Consultations

The said things comes under law of specific corporation where the high way is situated

Prashant Nayak
Advocate, Mumbai
32698 Answers
208 Consultations

Dear Sir/Madam,

It is illegal to park the vehicle like the manner said by you. You are suggested to ask your advocate to search the related the judgment of High Court and Supreme Court. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

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