Car parking in a co op housing society
PRADEEP PARAB
(Querist) 08 March 2018
This query is : Open
I am staying in a co-op housing society in Mira Road-Thane.
Here the builder has allocated an open car parking to two residents on a ground level water tank. Is it allowed legally to park your vehicle on the water tank?
Regards
Pradeep
Kishor Mehta
(Expert) 08 March 2018
It has been unequivocally held by the Hon. Supreme Court of India that builder can not allot parking space, it is the prerogative of the Society to allot either open or stilt parking spaces.
Kumar Doab
(Expert) 08 March 2018
You can benefit from the above advise...
PRADEEP PARAB
(Querist) 09 March 2018
I understand, the law of supreme court prohibits builder from selling the open parking but here builder has not sold it. He has made a lease agreement and given it on the lease of 99 years and he has registered it with the registrar. We have no objection to the other open parking spaces, our only concern is the open parking which is over the ground level water tank. How do we remove it? under which clause? and whom do we approach for that if it's not legally allowed to park your car over the water tank?
Haven't seen any clause related to this in society bye-laws
PRADEEP PARAB
(Querist) 09 March 2018
I understand, the law of supreme court prohibits builder from selling the open parking but here builder has not sold it. He has made a lease agreement and given it on the lease of 99 years and he has registered it with the registrar. We have no objection to the other open parking spaces, our only concern is the open parking which is over the ground level water tank. How do we remove it? under which clause? and whom do we approach for that if it's not legally allowed to park your car over the water tank? Haven't seen any clause related to this in society bye-laws
Dr J C Vashista
(Expert) 10 March 2018
You are right parking can not be sold.
Allotment of parking space is as per its availability, on the basis of draw of lot.
PRADEEP PARAB
(Querist) 13 March 2018
We have no objection to the other open parking spaces, our only concern is the open parking which is over the ground level water tank. How do we remove it? under which clause? and whom do we approach for that if it's not legally allowed to park your car over the water tank? Haven't seen any clause related to this in society bye-laws
PRADEEP PARAB
(Querist) 16 March 2018
is parking on a society water tank (underground water tank) leagal?
