Supreme Court judgment on Car Parking issues

In a 2010 judgment, Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd. [AIR 2010 SC 3607], the Hon’ble Supreme Court rejected the argument of a real estate development company that they are entitled to sell garages or stilt parking areas as separate flats to owners who intend to use it as parking facilities. A bench of Justices A K Patnaik and R M Lodha, ruled that builders or promoters cannot sell parking areas as independent units or flats as these areas are to be extended as “common areas and facilities” for the owners. Also, the Court said that the developer is only entitled to charge price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat.

Supreme Court of India

Supreme Court judgment on Car Parking issues

Background – General Practice
As per the general practice in the market, the developer, by the agreement of sale, sells only the ‘flat’ and the purchaser has rights in respect of only the flat and no other portion of the building. This is exactly what had been agreed to between the developer Nahalchand Laloochand Private Limited and the flat purchasers of Panchali Co-operative Housing Society Ltd.Each flat purchaser had executed a declaration to the effect that stilt parking spaces/open parking spaces shown in the plan exclusively belong to the promoter and that the Society has no objection to the sale of such spaces by it. However, this was later argued by the Society as being contrary to law and hence, not binding. When the dispute arose, the developer approached the Bombay Civil Court seeking “permanent injunction restraining the Society from encroaching upon, trespassing and/or in any manner disturbing, obstructing or interfering with its possession in respect of 25 parking spaces in the stilt portion of the building”.

The City Civil Court dismissed the suit. The developer preferred first appeal before the High Court which was also dismissed. The Developer then filed an appeal with the Supreme Court.

What is a flat ?
The Court examined the provisions of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (“MOFA”) to determine whether open or stilt parking spaces can be sold to purchasers separately, because the answer to the question would lie in the basic interpretation of what is a flat. As per Section 2(a-1) of MOFA, “Flat” is defined to mean a separate and self-contained set of premises used or intended to be used for residence, or office, show-room or shop or go down or for carrying on any industry or business (and includes a garage), the premises forming part of a building and includes an apartment.

Apart from the statutory definition, flat means a set of rooms comprising an individual place of residence within a larger building or a self-contained set of rooms, structurally divided and separately owned or let from the rest of a building, which for the most part consists of other flats separated in like manner. Also, In Stroud’s Judicial Dictionary, a reference has been made to the observations of Somervell L.J, in Murgatroyd v. Tresarden [63 T.L.R. 62] and it is stated; the natural meaning of the word `flat’ is a separate self-contained dwelling.

Supreme Court judgment on Car Parking issues

Therefore, for a flat' to be within the meaning of the definition in Sec. 2 (a-1), it must be a separate unit conforming to the description capable of being used for one of the purposes given in the definition. Separateness of one premises from another premises physically and also in use or intended use for one of the uses specified in the definition clause containing the necessary facilities for self-contained accommodation is sine qua non for a unit being covered by the definition offlat’ occurring in Section 2(a-1).

Also, the Court has categorically stated that the meaning and significance of the bracketed portion “(and includes a garage)” should be seen in the context given to the word flat' which is true indication of intent of the legislature. The phraseand includes a garage’ in the bracket does not bring in garage' by itself within the meaning of wordflat’. If stand alone garage' was intended by the legislature to be aflat’ within the meaning of Section 2(a-1), that could have been conveyed by use of the expression or garage' after the wordbusiness’ in the same breath as preceding uses. The bracketed phrase is indicative of the legislative intention to include a `garage’ as appurtenant or attachment to a flat which satisfies the ingredients of Section 2(a-1).

Whether stilt parking area is a garage
It needed to be determined whether stilt parking areas would be counted as garage. The definition of garage is not provided in the MOFA. Hence, English language definitions needed to be looked into. The Oxford English Dictionary explains garage' as a building for housing a motor vehicle or vehicles or an establishment which sells fuel or which repairs and sells motor vehicles. The Webster Comprehensive Dictionary explains the word garage’ as a building in which motor vehicles are stored and cared for.

The Development Control Regulations for Greater Bombay, 1991 define two expressions, garage-private' and garage-public’ in Regulations 2(47) and 2(48) respectively. According to these Regulations, garage-private' means a building or a portion thereof designed and used for the parking of vehicles and garage-public’ means a building or portion thereof designed other than as a private garage, operated for gain, designed and/or used for repairing, serving, hiring, selling or storing or parking motor-driven or other vehicles.

The developer had argued that open parking space amounts to a garage' within the meaning of Section 2(a-1). However, the Court disagreed with this argument and said that a person buying a flat for residence or one of the uses mentioned in Section 2(a-1) will not really think that open to the sky or open space for parking motor vehicles is a garage. “The word garage’ may not have uniform connotation but definitely every space for parking motor vehicles is not a garage. A roofless erection could not be described a garage. What is contemplated by a `garage’ in Section 2(a-1) is a place having a roof and walls on three sides. It does not include an unenclosed or uncovered parking space.”

Hence, the Court stated that while stilt area may be usable as a parking space but for the purposes of MOFA, such portion could not be treated as garage. For the purposes of MOFA, the term `garage’ must be considered as would be understood by a flat purchaser and such person would contemplate garage which has a roof and wall on three sides.

Supreme Court judgment on Car Parking issues

Whether stilt parking spaces are part of common areas and facilities
The MOFA does not define common areas and facilities. However, the Maharashtra Apartment Ownership Act, 1970 does define common areas and facilities' in Section 3(f). The Court, while referring to it, said that just like it is unreasonable that a developer cannot take common passage/lobbies or staircases out of the purview ofcommon areas and facilities’, it is unreasonable to say that parking spaces do not fall under common areas and facilities'. It is not necessary that all flat purchasers must actually usecommon areas and facilities’ in its entirety. The relevant test is whether such part of the building is normally in common use.

Therefore, it was held that MOFA mandates the promoter to describe common areas and facilities in the advertisement as well as the `agreement’ with the flat purchaser and if a promoter does not fully disclose the common areas and facilities, he does so at his own peril. Stilt parking spaces would not cease to be part of common areas and facilities merely because the promoter has not described the same as such in the advertisement and agreement with the flat purchaser.

Also, expressly stating the rights of the developer/promoter, the court said that, “insofar as the promoter is concerned, he is not put to any prejudice financially by treating open parking space/stilt parking space as part of common areas' since he is entitled to charge price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat.” MOFA mandates the promoter to describe common areas and facilities’ in the advertisement as well as the agreement' with the flat purchaser and the promoter is also required to indicate the price of the flat including the proportionate price of the common areas and facilities’.

Conclusion
Hence, stilt parking space' is not covered by the term garage’ much less a flat' and it is part of common areas. The court said that stilt parking space/s being part of common areas, the only right that the promoter has is to charge the cost thereof in proportion to the carpet area of the flat from each flat purchaser. Such stilt parking space being neither a flat’ nor a `garage’ within the meaning of under Section 2(a-1) of MOFA, cannot be sold separately.

In the words of the Court : “The promoter has no right to sell any portion of such building which is not ‘flat’ within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation; the only right remains with the promoter is to sell unsold flats. It is, thus, clear that the promoter has no right to sell ‘stilt parking spaces’ as these are neither ‘flat’ nor appurtenant or attachment to a ‘flat’.

Critique
First and foremost, the judgment has been given in the context of the laws in Maharashtra. The universal applicability of this judgement would come into question if there are different laws in a particular state. For instance, the judgment can be applied to the NCT of Delhi in view of the Delhi Apartment Ownership Act, 1986 but it is uncertain whether it would also apply to the state of Rajasthan, which has no such laws.

Secondly, it is contemplated that the developers/promoters/builders would now increase the cost of the flats to compensate for the loss that they would suffer by not being able to sell these parking spaces separately. The financial burden on the purchasers would either increase or remain the same, but will not decrease. The Confederation of Real Estate Developers’ Association of India (CREDAI), Pune branch, said though SC has made it categorically clear that “stilt parking/open parking” cannot be sold as it does not fall under the definition of ‘flat’ or ‘garage’, it has also stated that the builder can charge for stilt parking/open parking under common area and facilities separately.

Thirdly, the entire ruling is based upon the meaning of the word “garage”. According to the Hon’ble S.C., the area closed by three sides and above used for parking is a garage. This logic puts stilt area enclosed by less than three sides or not at all enclosed in a different footing than the area covered by three sides.

However, the positive point is that the developers/promoters/builders cannot retain or sell such parking spaces separately since they are included in the common areas. Parking cannot be given or charged from persons who have not bought a flat in the premises. The purchasers would be able to enjoy the same by paying only an amount proportionate to the carpet area of the flat.

 

The  author : shayar

LEAVE A REPLY BELOW IN CASE OF ANY QUERY OR ASSISTANCE REQUIRED

About the author

49 Comments

  • R S Masurekar says:

    current status of legal position in respect of car parking rules in CHS

    View Comment
  • Rubal says:

    What is the retrospective effect of the above judgement ? What about the parking spaces sold before this judgement ?

    View Comment
  • uday says:

    please let me know if builder ALLOTED a stilt parking to a flat owner, whether society have the right to take back that stilt? i heard that society can not take back such stilt until flat owner sells his flat or he dont have vehicle. in my case i purchased one stilt from out going member after Managing committee passed the resolution and documents registered. In my case whether society can take back stilt. Managing committee says they passed the resolution due to ignorance of the law and I purchased the same due to ignorance of law, but tell me why only one person (me) suffer for this ignorance of the law. kindly advise

    View Comment
  • Mohammed says:

    I purchase the Flat in year 2000 with Stilt parking with builder letter, in the plan on ground floor there was 6 parking but actually, when building developed, builder make flat in parking, and now only 2 parking left, one is big MINE and other BIKE parking, in my building 24 member are there and only I have the CAR parking which I purchase along with flat in year 2000, now SC judgement, they can take back my parking, I have totally spend 50000/- who will pay this amount in the event the society take the parking back.

    View Comment
  • uday says:

    Dear Sir, My query is whether chairman of the co operative housing society have the right/ power to tell an associate member to keep quit in general body meeting. Actually one of the flat ,owned by husband and wife jointly and one of them is associate member. Both attend general body meeting and behave and talk in un-civilized manner and also banging chairman”s desk all other member get annoyed because of their action. please let me know , under which section of our law we can make one of them keep quite.

    View Comment
  • Pawan Deshmukh says:

    As per the judgment, since these car parks can not be sold can we consider the the current allotments as illegal? And should be termed as common areas by the CHS as per MOFA? Also what is the recourse available for members who didn’t have car park for them. Can that “allotted car park” can be leased out by the said allotee to any other member/non member? Also Is the rules are differrent for Stilt and open car park? Please advise

    View Comment
  • Tushar Kant says:

    Dear Sir,
    The builder (Supertech, Crossing Republic, Ghaziabad) from which I have booked flat is charging money for parking. When i refer him about the ruling by Hon’ble Supreme Court on the matter, the Builder said that the Supreme Court ruling is binding only in Maharashtra and not in NCR region. Is it not binding elsewhere in India?

    View Comment
  • ABV Vijayalakshmi says:

    Even the U.P. Apartment Act of 2010 stipulates that car parking is common area and exactly in accordance with the Supreme Court Ruling

    View Comment
  • The U.P. Apartments Act of 2010 also states without any ambiguity that in Housing Societies, car parking comes under common area. In Maharashtra, three different District Consumer Fora have delivered their judgments strictly in accordance with the Ruling given by the Apex Court and provided relief to the complainants which include a complaint against TATA Housing Co. also.

    View Comment
  • V K Duggal says:

    Advocate-ji,
    Can you guide whether any religious or family function can be done in stilt parking of a independent house or not. Is there any law prohibiting this

    View Comment
  • V K Duggal says:

    Thanks for your confirmation that there is no prohibition on holding family or religious functions in stilt parking of independent house. Has Delhi Government made any rules regarding use or prohibition of use for stilt parking of independent house.

    View Comment
  • Ajit Tukaram Sable says:

    I had purchase my flat (resale) at Charkop Kandivali from Mr. Narsimha in the year 2015. Now Mr. Narsimha is demanding to me Rs. 5,50,000/- for parking area which was owing by him. At the time of buying this flat from builder, Mr. Narsimha had paid to the builder Rs. 10,000/- for this parking area. Now what can I do sir? Pl guide me.

    View Comment
  • Akshay Ghate says:

    I have purchased a flat (resale) in Pune, Maharshtra. Per the description in the Index-2 and the Schedule-II (Description of the Flat) of the agreement, the said property in Co-op Housing Society is with allotted parking No.01 situated on the property described in the Schedule-I. The Society has given me notice stating that I am not allowed to park my Car there as the parking has been allotted for two-wheeler. This rule came into existence later. I am parking my vehicle where the previous owner used to and now being disallowed to park there. Also, I had been notified earlier (informally) that the parking does not go with the resale of the flat.

    Requesting assistance to confirm if I should abandon the covered parking as per the notice.
    Your help is highly appreciated.

    View Comment
  • Ali says:

    Dear Sir

    I bought a DDA HIG FLat in Jasola(Multistorey) along with Garage conveyed in Coveyence deed.The demand letter of Garage was seperate from the demand letter of Flat.DDA has put a small door in the garage & also some electricty meters were also put up by BSES.
    In one of the similar Garages there was a fire also & Fir copy is registered.
    My major problem is that people from lift lobby use this door and make my garage a throughfare creating damages to my car.
    There is a big Gate in the lift lobby which marks as enterance by DDA .
    Please help me that how can I restrict people as they dont allow me to close the gate also saying that this is an emergency exit.

    Regards

    Ali

    View Comment
  • PRAVIN KUMAR says:

    any clarification on car parking charges

    View Comment
  • jui Mehta says:

    Can a Builder in Maharashtra sell parking space – open and Stilt

    View Comment
  • Ravi Bhatia says:

    Dear Sir
    I purchased a flat in Dwarka New Delhi in 2011. This flat was sold by allottee through registered special power of attorney/will to first purchaser, in POA along with other details of flat car parking space is also mentioned. I purchased this flat from first purchaser through sale deed and car parking space had also been mentioned in documents handed over to me. When I shifted i checked my car parking and i was told by advisory committee that no parking was allotted to this flat since no record is available with society and administrator asked me to deposit rs.80000/- original cost of parking was Rs60000/-.Seller informed me that he had never used parking even he has also not noticed the language of POA.. I deposited cheque of Rs.80000/- but same was not encashed rather administrator asked me to deposit Rs.180000/- provisionaly and he sent complete case to RCS for approval with recommendations that all car parking allottees after 2006 should be charged @180000/-.. This enhancement was not discussed/approved in any AGBM/GBM/SGBM. I remainend in contact with elected MC members but they didn’t cared. During this period i managed to collect original reciept of Rs. 60000/- from original allottee.
    Now through RTI information from RCS I have been informed that no such approval had been granted according to record available in office of RCS and none of resident had been charged enhanced amount till now/
    Can I get amount illegally collected refunded from society.
    Regards
    Ravi Bhatia

    View Comment
  • sheikh mohiudeen.z says:

    i purchased a flat in 2003 there are 12 flats totally ground plus 3 floors its a 20 years building car parking we have alloted on first come basis one flat owner is occupying a Garden space area in front of the building and says its hers as she bought it from the builder our question is how can a common area space can be used by a owner

    View Comment
  • Rajesh says:

    Dear Sir

    A Builder has Fraudulently sold us Car Parking Podium as Office Premises… Can you help us if there is any judgement against the same and how we can fast track the case..

    View Comment
  • Kamlakar Belosay says:

    If a Owner and Share Holder of a Co-operative Housing Society is allotted a Parking space under the stilt of his Building for which he is paying Municipal Taxes as well as additional charges to Society for parking and if the Owner leaves the flat temporarily leaving his car in such stilt parking and permits his licencee to use the same temporarily , can the Society object his licensee to use the said parking space to park his car in the said parking space ?

    View Comment
  • B.B.SHARMA says:

    I have purchased a small office in a commercial complex at Ahmedabad , builder has executed Sale Deed in my favor. I used to park my Activa in a
    basement parking of the complex , it had quite a big car parking space at the same place and builder has taken separate booking amount for such
    Car parking space from few office owners even after Supreme Court Order that parking space can not be sold. If any other owner brings and park
    car the security does not allow him /her ? What is the solution for this in the light of Supreme Court Order.

    View Comment
  • Sam says:

    I am the purchaser of a flat and have been residing in the flat for more than 6 years and using the parking area since then, given to me by the builder.
    One of the tenant who has been residing in the same society for 5 years recently purchased a four wheeler is adamant to park his car in the same parking space being used by me.
    No proper parking space has been allotted nor the flats are registered nor a registered society exists.
    What right has the tenant got in the parking space?
    In all these years the purchaser of the flat never bothered about the flat nor the parking space. And now to get the parking space for his tenant has filed a complaint against me.

    View Comment
  • Girish says:

    I’m Secretary of Housing Society In PUNE, Maharashtra. Builder allotted car parking to other building members. Is it Legal? Can we take legal action against those members? If possible please give us draft copy to issue notice to those members. Thanks.

    View Comment
  • SANDEEP GANDHI says:

    Sir I am Sandeep Gandhi from Mumbai ..Ghatkopar(East) area. here I would like to sincerely seek your advice and a amicable but concrete solution to my car parking problem.wherein my housing society committee members say that they passed a resolution in their earlier AGM that only those members who own a stilt or closed parking garage can only be allowed to park their second car in the common open parking area. Now before 10 years I didn’t have money to buy or purchase a stilt garage so as on date I have two cars wherein my both the cars are being parked as on date in the common parking area of the society.My society committee is charging me Rs.200/- per day as car parking penalty charge since last more than 10 months which I feel is completely illegal. As I m a bonafide member of our society where I have equal number of shares like all other members I should have equal right to fight for any injustice done to me.
    kindly revert me with your sincere advice and your opinion and help in this regards shall be highly appreciated.

    THANKING YOU,
    SANDEEP GANDHI
    GHATKOPAR EAST
    MUMBAI 400 077.

    View Comment
  • Kamlakar Belosay says:

    Dear Sandeep, This is ridiculous ….how can a Co-operative Housing Society pass such arbitrary resolution that ‘ only those members who own a stilt or closed parking garage can only be allowed to park their second car in the common open parking area.?’
    You should challenge such a resolution being arbitrary and unreasonable and contrary to the principle of co-operation and equality .
    You should call for the said Resolution and lodge your complaint to the Dy Registrar of the Societies in your area and seek for personal hearing ….

    View Comment
  • VIVENDER DUGGAL says:

    Can you let me know whether religious and social family function can be held in Stilt parking of independent House. Any guideline or rules in Delhi by MCd or DDA

    View Comment
  • Prasad says:

    Sir, I own a flat in one of the apartments in Dwarka, New Delhi. In parking space allotted to me i am parking my own vehicle. If i am allotted a vehicle from my office and at what charges can i park this second vehicle in my apartment. What is the rule regarding this.?

    View Comment
  • Prasad says:

    Sir, I stay in one of the CGHS in Dwarka, Newdelhi. The water charges are levied per member in our society. But in some families only two members are there. and in some families eight members are there. As per my view the water charges are to be per head basis. What is the rule regarding this issue ?

    View Comment
  • Ayushi Agarwal says:

    I want to know that builder of our apartment has let out some shops for commercial purpose which he was not supposed to and sold a parking space to such shopkeepers, is this act of builder valid?

    View Comment
  • ca v. muralidharan says:

    CAN YOU PLEASE LET ME KNOW WHETHER CAR PARKING IS ALLOWED ON TOP OF THE WATER TANK WHICH IS A COMMON AREA ? THE BUIDER HAS SOLD THE SAME AREA TO A FLAT OSWNER,PLEASE APPRISE THE LEAGAL POSITION.

    THANX IN ADVANCE

    CA MURALIDHARAN

    View Comment
  • K.D.Dhokte. says:

    What is the date of implenting supreme court judgement reg. Sale of car parking by buildar.

    View Comment
  • Suhas Gokhale, Vashi, Navi Mumbai says:

    Our soc levies charges for open space parking but not for stilt parking.Is this in accordance with the respective Law applicable in Maharashtra? Pl comment & give solution.

    View Comment
  • Minakshmee Pal says:

    We live in a building complex at Paikpara Kolkata 700030 having 11(eleven)nos flat and 8(eight)nos Car parking place in ground floor. Promoter has soled out 7(seven)nos parking slot to the flat owners one is vacant.Vacant car parking space is also soled to outsider who is not flat owner.5(five)owners has given the car parking area to the outsider on rent basis. But when I want to use car parking on the “open to sky areas” of the flat complexes which is vacant.The matter was discussed with flat owners association(non registered) I am also a member of the committee.But they decided that the space can be given on rent basis Rs.1500/ (one thousand five hundred only)per month to the owners or outsider and the matter is also minuted and distributed to all owners.Kindly revert me with your sincere advice and your opinion and help in this regards shall be highly appreciated and obliged Thanking you, yours faithfully

    View Comment
  • Pradip Kumar Pal says:

    We live in a building complex at Paikpara Kolkata 700030 having 11(eleven)nos flat and 8(eight)nos Car parking place in ground floor. Promoter has soled out 7(seven)nos parking slot to the flat owners one is vacant.Vacant car parking space is also soled to outsider who is not flat owner.5(five)owners has given the car parking area to the outsider on rent basis. But when I want to use car parking on the “open to sky areas” of the flat complexes which is vacant.The matter was discussed with flat owners association(non registered) I am also a member of the committee.But they decided that the space can be given on rent basis Rs.1500/ (one thousand five hundred only)per month to the owners or outsider and the matter is also minuted and distributed to all owners.Kindly revert me with your sincere advice and your opinion and help in this regards shall be highly appreciated and obliged Thanking you, yours faithfully

    View Comment
  • RAJENDRA GAIKWAD says:

    Sir,
    One registered Society in Mumbai has allotted a Stilt Car Parking vide Allotment Letter dated 27.09.2009 to its member and also collected the sum of Rs.10000/- by cheque towwards ontribution for cost of the same and issued a valid Receipt for the same. Now after a long period, the said society is asking to member to return the car parking allotted to him in the year 2009. pl. society can take return the said car parking

    View Comment
  • Dear Sir, I have got reserved parking below the building premises which is rectangular block, closed from three side, having yellow marking of car parking allolment, but there is free space at close end, other than yellow car parking mark. So my question is it reserved parking of mine or it comes under common parking. But if its common parking how can the person remove his vehicle till my car been removed ? Plz clarify me sir.

    View Comment
  • V K DUGGAL says:

    Can you let me know whether MCD has made and notified rules on use and prohibition on use of stilt parking in independent house.
    Can social or religious function by occupant be done in stilt parking

    View Comment
  • Divya says:

    Can society cancel the open parking allocated to owner of a flat because a tenant is residing their presently. The society passed a resolution in its AGM stating to cancel the parking allotted to my flat in Mumbai saying that there were a lot of problem in parking the cars in the society due to space constraints and the open parking allotted to my flat by society should be cancelled as the same is occupied by the tenant and as per the open area parking policy, tenant can not be given open parking if any member need the same. Their have issued necessary letter for cancellation of parking. My question is:
    (I) whether the owner has unilateral right on open parking – can society unilaterally cancel owners parking because tenant is residing their presently and on what grounds
    (ii) if the owner wants to sell the flat in future, can the parking be allotted to the new owner
    (iii) are there any supreme court judgments which state that car parking allotted to the owner can be used by tenant as he has full right to it
    Kindly let me know.

    View Comment
  • FEROZ PALITANAWALA says:

    I want to know that I have purchased a flat of 1350 sq.ft. on 15-04-2010 and till-date, there is no progress in it, now can I demand a car parking slot by offer to pay its construction cost and as per Supreme Court Judgment as well as modified sanction plans of B.M.C.-Please reply.

    View Comment
  • Ravi Patel says:

    I had purchased flat in ressle along with stilt parking in co-op his society. Society says u have not rights on stilt parking. If u want to utilizes the same stilt parking then u have to give deposite to soc.
    What is the law says n if yes then it will implement to all resale flats which done before my purches …?
    What law says if some members had still living in society who had purchased stilt parking from builder before society registered …..

    Kindly give comments on all case

    View Comment
  • sandeep Shankar Ghosh says:

    Hi Sir,

    I am buying a flat which is under construction and will complete in Sep 16. Builder has asked me to pay for car parking and said he will give me the allotment letter and mention that i have a open car parking in the society agreement. But he will not mention the parking in the Agreement. My question – is this legal can i be challenged by any society member in future ? I understand there are 6 members who will be taking the parking in similar way also builder is mentioning the parking in agreement for some of the flats. Shall i wait for society formation and take car parking from them and not the builder and we have 4 open car parking which will be allocated as visitors parking can i purchase this in future ?

    View Comment
  • Kasim Shaikh says:

    Hi Sir,
    In my housing society situated in navimumbai has flats+shops.
    One of the shop owner has covered the stilt parking area adjacent to his shop wall in ground floor and using that parking area for all his personal work or personal car parking.
    After society has given him multiple time notice in 2015 & 2016, to make that parking area open/release for all the society members two wheeler parking usage, that shop owner denied and stating that he has purchased it from builder in 2007.
    But that shop owner has never produced that document in front of MC members or general society meetings till date, which will prove the allocation of that parking area or purchase of that parking area.

    So my questions are as follows:
    1. Can society MC ask the shop owner to vacate that stilt parking area fr all society members usage?
    2. If that shop owner will produced the document related to the allotment/purchase of parking area from builder, so will that be valid now? And what sort of the document is acceptable if this case is valid?
    3. The shop owner forcefully covered all the side walls of that stilt parking area and made that as a garage, so can society ask for the demolition of the encroachment in the stilt parking area of the society?
    4. Can shop owner say no to all the society members for parking their two wheeler’s in that stilt parking area of the society?
    5. What are the legal ways to give a notice to that shop owners as he is using that from last 8 years illegally?
    6. Can society approach to any type of court to solve this issue, as the shop owner is not responding to any of the society’s notice/letters?

    Please guide us with your expert comments.

    View Comment
  • RAJENDRAKUMAR S GAD says:

    Dear Sir,
    Please guide me whether parking space allotment by builder before supreme court judgement was legal and society should regularize such allotment. Also whether Society can take refundable deposit against allotment of parking space for one year period.

    View Comment
  • n d bhatt says:

    can an open space be marked by a builder as specified parking area for a flat?

    View Comment
  • Advocateji says:

    Dear nd bhatt, are you from Delhi ???

    View Comment
  • Pravin says:

    What would be the Service Tax on covered car parking in residential complex under construction?

    15% or with 70% abatement.

    Reference of law would certainly help.

    View Comment
  • Pravin says:

    Builders are charging 15%, which is not reasonable.

    View Comment
  • N V R Vikram G says:

    Though the supreme court has said that car parking cannot be sold, why all the builders are selling the car parking separately.

    View Comment
  • Advocateji says:

    Dear NVR Kiram G, Because 99.99% tell each other without taking any corrective action. Mostly people dont know what to do. Those who know, they dont do because they find that there is no personal benefit to them because they have no such problem with their purchase of flats.
    If you have problem and want to pursue, then get in touch with any or our legal expert

    View Comment

Leave a Reply

Your email address will not be published. Required fields are marked *