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Penalty for not using stilt parking as tree obstructing entry to same
11-May-2023 (In Property Law)
A tree is obstructing the entry to my stilt parking space in our new building in Vasant Vihar, N.Delhi. I am unable to park in this space and am compelled to park my cars outside the house. However under the proposed Parking policy of LG of Delhi , I would be liable to penal action for not using my stilt parking spaces. Therefore in order to preempt penalties, can I petition NGT to either permit me to remove this tree, or, to order the owner of the tree (maybe forest dept) to remove it. Kindly advise .
Apart from the proposed policy of LG for levying panalties for not parking your vehicle in your stilt parking , you have a legitimate right to park your vehicle in your stilt parking and if any one interrupt s it of its free access a writ petition in Delhi High court or a civil suit in District court for getting your free access to the parking may be filed.
Thanks
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Adv. Sunil Kumar
Delhi | 25+ Answers
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Sir you can file civil suit of injunction to cut down that tree which is obstructing your way or apply to the MCD to remove the same as due to this it is harming you and in civil case make MCD and the owner as a party.
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Adv. Lavika Gupta
Delhi | 50+ Answers
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Make a representation under Form 'A' to the Tree officer of the department. You will also need NOC from MCD as well as NOC from neighbours which will be attached to the form and presented to the forest department. You can thereafter get the tree removed.
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Adv. Manu Tripurari
Delhi | 50+ Answers
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