Comment on Car Parking charges imposed by Co-operative Society by VINOD KUMAR SHARMA.
I do not understand what kind of advocate is pleading that society is wrong in charging money for car parking for more than one car and he has taken up the case with Delhi High Court. I am regularly contradicting the stand that every member is entitled for free car parking only for one car and it is the preoperative of the General Body to pass resolution for charging extra for parking more than one car. Now the case has already been decided by Delhi High court in Anup Mittal (Huf) V/s Kanugo C.GH.S. Ltd. wherein the matter have been decided in favor of society with exemplary pecuniary fine on the litigant for wasting time of the court. The order of the High Court is published on the internet and various newspapers also.
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Recent Comments by VINOD KUMAR SHARMA
Increased FAR is boon for co-operative societies
Your information is wrong. The increase F.A.R. is only for verticle increase and not horigental
parking problem and parking charges discussion or action
I do not understand where is the problem of parking in Co-operative Society. One car parking is free and GB can pass resolution for denial of subsequent car parking and even charge Rs.5000/- PM for subsequent Car Prking
Co-operative Society cannot refuse to give NOC
What is definition of legal hire. Is there requirement of succession certificate for transfer of membership where flat is yet to be allotted ?
Open Space Car Parking Charges in Societies
Your views does not matter. What are the views of court has been reserved in the judgement. It is beyond doubt that individual have gone to high Court against the judgement given in favour of Society as such views of D.C.T./F.C. are in favour of Society further matter can only be analysed if the copy of petition, reply, rejoinder, arguments, counter arguments along with judgement of D.C.T./F.C. is also given on my E-mail
Open Space Car Parking Charges in Societies
The land is allotted to the Society by D.D.A. on lease hold basis. The owner of the Flat get the Flat Free hold and in the Conveyance Deed area mentioned is of flat, as such the common area belongs to the societ, which consist of green area, stilt parking area if there is any and roads around the flats within the premises of the Society.
GREEN AREA is mandatory as 33% of the total plot area as such it can not be used as parking and parking there is violation of law and M.C is with in power to get such vehicle towed out from the Society.
ROAD AROUND PERIPHERAL there has to be clear seven meter road around the peripheral of the Society for passing of Fire Tender in case of Fire and this road should be clear always and no parking is allowed there. This is statutory requirements and falls upon M.C.to maintain such mandatory requirement. M.C. or for that matter any authority legal or otherwise can not allow parking there, so the question of charging any money for parking in that area does no arise as parking itself is not allowed in such area.
STILT AREA can be used for parking and every Flat owner is authorised to park there. Please note that Supreme Court has already given verdict that parking in the CGHS can not be sold thought the Flat owners are facilitated with one parking and this is the reason nothing is mentioned in the Conveyance Deed regarding Parking. As a matter of statute no parking space should be demarkated in the stilt area for parking cars for any Flat owners and it should be o first come first serve. In case there are 100 flats and there are 90 parking available in the stilt area then balance area for 10 parking has to be demarkated in the remaining area, but it can not be reserved for Flat owners and parking there is also on the first come first serve basis
As such there will be no area left for parking more than one car, if any Flat owner has more than one car he should make own arrangement for parking that car.
The basic idea of CGHS is to facilitate housing on affordable basis, then a person who can hardly afford one Flat how can afford 2, 3 or 4 cars and if he can afford so many cars he has the capacity to pay Parking Charges.
Though there is no written laws for charging parking charges by the Society in Act and Rule at the same time there is no written law that Society can not charge for facilitating parking of more than one car under such circumstances it is left to the majority views of members, who have given the authority to M.C. to deal with the matter and if such resolution is passed which is better by the RCS, then Society can charge