[navin]

Guys I need some advice.

We have a Honda City which we park regularly in a dead end lane (public road). The residents of about 4-5 buildings share this lane and cars have been regularly parked there for the past 30+ years.

We use the car Mon-Fri but the car is not used on Saturday and Sunday. I have included a copy of the BMC notice and the location in which the car is parked (blue oval) as well as 4-5 buildings that share this area (orange rectangle).

I am linking to an article in DNA India but I am unable to find any part of the BMC act (section 314 as stated) that deals specifically with parking.
http://www.dnaindia.com/locality/mum...-station-55317

[naddy]

This clearly reflects the sad state of affairs in the municipal corporations. How wonderful it would have been if the corporations could notice the plight of residents and the corporations themselves come out with long term and win-win solution for everyone instead of issuing a notice citing sections of the Act (the same acts which are flouted by people paying 'hafta' as noticed in the DNA report, and people like us receive notices asking to respond within 48 hours with documentary evidence ).
Do keep us updated of what actions have the building residents planned and how it works out for you all.
I would recommend taking help of the local corporator to get the issue resolved.

On second thoughts - is that dead end a 'no parking zone'? If it is not a 'no parking zone', what does the act say about the citizens right to use it as a parking space at any point of the day or night?
Any law gurus may please throw some light on the above .

[condor]

So Navin, that's where you live ? :-)

[AkMar]

Did only your car get the notice or all cars in the lane got it?

[navin]

Originally Posted by naddy

On second thoughts - is that dead end a 'no parking zone'?

No sir it is a not a No Parking Zone. In fact just opposite this lane is Breach Candy Hospital Trust (see Google Maps image) and during visiting hours most of the cars of the people visiting their friends and relatives admitted there are parked in this same lane

Originally Posted by condor

So Navin, that's where you live ? :-)

Yes.

Originally Posted by AkMar

Did only your car get the notice or all cars in the lane got it?

About 22-25 cars are parked in this lane. Most of them are regular. Of these about 6-7 cars got this notice. The notice was delivered stuck to the windshield.

[CrAzY dRiVeR]

Originally Posted by naddy

This clearly reflects the sad state of affairs in the municipal corporations.

On second thoughts - is that dead end a 'no parking zone'? If it is not a 'no parking zone', what does the act say about the citizens right to use it as a parking space at any point of the day or night?
Any law gurus may please throw some light on the above .

Well, technically if it's a public road and the parking was done on the footpath - aren't they within their rights to issue notices?

Doesn't need to be a no parking zone, I believe because they footpath is never meant for parking. Legal angle might not be of help here.

[naddy]

If it is a footpath in question, then definitely residents are at fault and BMC is within its right to issue the notice.
The notice pasted above mentioned location of parking as footpath/public road, hence I presumed vehicles to be parked on road. Do let us know what immediate actions and long term actions you are taking as it would help many people out here as some day or other, we too would be in middle of such situation.

[navin]

Originally Posted by CrAzY dRiVeR

Well, technically if it's a public road and the parking was done on the footpath.

Originally Posted by naddy

If it is a footpath in question, then definitely residents are at fault and BMC is within its right to issue the notice.

There is NO footpath on this road. It is not a main road but a by-lane off the main road.

The notice says "Footpath/Pubic Road" which can mean EITHER Footpath OR Public Road.

[AltoLXI]

I was in a similar situation here in Bengaluru when I parked my car in front of the retired judge's house. I had neither blocked the entrance nor parked haphazardly but adjacent to his compound. After I came back, he was waiting for me and told me not to park the car there next time. I explained him it was not a "no parking" zone. For that I was told, just because it was not "no parking" zone, does not mean parking zone and one has to park in designated car parking zone. I did not want to argue further with a judge in a judicial layout.

[TorqueyTechie]

Ideally no one is supposed to park on public roads unless there is officially a parking sign. This was told to me by an SI when I had went to pay a no parking fine around 2008/9. I had contested saying that there was no "No parking" board there but he said it was a narrow lane and it will congest traffic movement.

While this may not be the right example in your case, legally they are on the clear. But I think the reason for you to get the notice now might be :

1. Making some money.
2. You had mentioned about a hospital being there. Chances are that some money might have exchanged hands for their vehicles to get parked there.
3. To be on the safer side as lot of bad things can happen especially in lanes which do not see any traffic.

Just my assumptions.

[CrAzY dRiVeR]

Originally Posted by navin

There is NO footpath on this road. It is not a main road but a by-lane off the main road.

The notice says "Footpath/Pubic Road" which can mean EITHER Footpath OR Public Road.

I'm not familiar with Mumbai situation - but does your area come under this? South Mumbai seems to have made it illegal to park on public roads.

http://m.hindustantimes.com/mumbai-n...0UCdTRYsO.html

[tazmaan]

Originally Posted by TorqueyTechie

While this may not be the right example in your case, legally they are on the clear. But I think the reason for you to get the notice now might be :

1. Making some money.
2. You had mentioned about a hospital being there. Chances are that some money might have exchanged hands for their vehicles to get parked there.
3. To be on the safer side as lot of bad things can happen especially in lanes which do not see any traffic.

Just my assumptions.

Utter non sense, BMC is just a money making racket, they are objecting at a dead end lane when there are millions of trucks, school buses, tankers permanently parked on main streets and sometimes vertically blocking half the lanes. Either these are owned by aggressive locals or connected people. But we aam-junta (Common man) are soft targets for making money. When I constructed my house last year and even though I followed all the rules (I actually made 25 sq.ft less than permitted), I had to pay huge bribes to get the Occupation Certificate on time.

There is nothing much to do here other than pay them bribe if you still want to park your car there. They will show you the most obsolete, out dated clause from a rule book when there are open, brazen and illegal activities happening under their nose.

Sorry for the Rant but corrupt BMC gets on to my nerves!!

[Yusha]

Originally Posted by navin

Guys I need some advice.

We have a Honda City which we park regularly in a dead end lane (public road). The residents of about 4-5 buildings share this lane and car have been regularly been parked there for the past 30+ years.

We use the car Mon-Fri but the car is not used on Saturday and Sunday. I have included a copy of the BMC notice and the location in which the car is parked (blue oval) as well as 4-5 buildings that share this area (orange rectangle).

I am linking to an article in DNA India but I am unable to find any part of the BMC act (section 314 as stated) that deals specifically with parking.
http://www.dnaindia.com/locality/mum...-station-55317

To put it very crudely, ask the Engineer who issued the notice, how much money does he want? Anyone notice the date of the said act? BMC is yet to realise that we are in 2017.

Other recourse is, contact your MLA for help and I am sure that he will help you out with this.

[earthian]

Normally BMC would not invite the ire of many residents who have been parking their cars there for ages and which had (apparently) not troubled anyone or proved a hinderance to traffic etc. There are two likely scenarios:

1. Some resident in that lane has got pissed off with either some one else or in general since someone may have parked badly- and complained to BMC. This forces them to act.
2. The other scenario is that BMC may have issued notices to residents of some other nearby road, and those worthies while arguing may have pointed out that this (parking) was happening in other nearby public roads too and hence why target them only? Again the BMC is forced to act.

With the BMC under flak with the recent snafus, they would not want to bring more grief upon themselves and hence it is a safe bet to assume that the notices were not suo moto.

Check with others in your lane and find out who is the aggrieved party and kiss and make up. The BMC would be happy too.

[The Brutailer]

We shouldn't advise bribing on Team-BHP for god's sake.

Let's be clear. It's wrong to park your car on a public road (irrespective of whether it's a bylane or main road).

Not being rude but please get your own private parking or sell the car. One shouldn't buy multiple cars when there's capacity to accommodate just one.