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Is injunction effective in case of parking in front of gate?


16-Jul-2023 (In Civil Law)
My house is situated on a notified commercial street and a lot of offices are operating in and around my building. A lot of people work in these offices and come on their vehicles. These offices are operating from residential properties and do not have parking space in these properties. Despite raising numerous complaints with MCD, Police, DDA STF, LG Office, CM Office, etc., no action has been taken against these offices,operating in violation of MPD2021. All of them state the standard reply that the “buildings are old and occupied situated on notified commercial street, hence no action pending.” Now, since we are not able to get these departments to take any action against violating properties the commercial property owners have started allowing their staff and clients to park their vehicles in front of our homes and even main gates. No request seems to work with them. Could we get injunction from court against them? Is it enforceable or difficult to enforce in such matter? Thank you
Answers (2)

Answer #1
940 votes
Hi, It would appear on the basis of the facts that a case can be made inasmuch as the act of parking in front of your house interferes with your right to peaceful possession and enjoyment of your property. However, there are several modalities which need to be looked at including the timelines regarding the date of purchase of the property, the date of notification of your street as a commercial property, the extent of misbehaviour, etc. Point being, viability of litigation in this case depends heavily on your particular set of facts which require close examination for a fair assessment. Please feel free to contact me for any further discussions regarding this matter.
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Answer #2
523 votes
Greetings for the day! You can absolutely file a suit for permanent and mandatory injunction. If the ingress and egress is being obstructed due to these parkings. For further assistance, feel free to connect.
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