Supreme court judgement regarding car parking


I was staying in a rented accomodation which was later redeveloped in the year 2001 and the possesion of the flat was given in the year 2004.

In the original tenant-builder agreement, it was mutually agreed and the same noted in the agreement that the builder shall build stilt parking and the tenant shall pay to the builder Rs.700/- per sq.ft for the stilt parking. During the year 2004 and on, as per my understand, there was no supreme court ruling that the builder cannot sell the parking space and hence i purchased the stilt parking and have paid stamp duty and got the agreement also registered with Registrars office in Thane.

Now in the year 2010, the supreme court judgement says that the builder cannot sell the open car parking or the stilt parking.

My question is, what happens to the owners who have purchased the stilt parking before the supreme court judgement in 2010? Secondly, if the purchase of stilt parking is illegal, how did the Registrars office accept my papers for registration after paying the stamp duty? My papers were put up for registration after having paid the penalty for not having the docuements registered in time.

I look forward to your advice on my mail i.d. sriramvishwanath@sify.com

Regards,

Sriram

 
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advocate

you can get judgement from the website . www.indiankanoon.com

 
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Thanks for your reply, but all the judgements are related to years after i purchased and got my stilt parking registered. My question is, what happens to the stilt parking purchased and registered prior to the judgement? The Supreme Court has passed this judgement in 2010, but is silent on the stilt parking prucahsed prior to the judgement?

 
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Project Manager

Hello

 

this is indeed a very helpful forum to understand finer nuances of law.

 

I am staying in a rented accomodation. Last month the RWA claimed that they have sold the open parking and my cars can not be parked as my owner has not purchased it.Is this legal in purview of the SC judgement which outlaws selling of open parking by builder ? Do note that this "selling" was done by the RWA secretary  and not builder per se

 
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I have 2 flats in society with two parkings. the society in its SGM in 2012 decided to charge Rs. 500 for second parking of members. Till last month i was not charged and i thought that since i have 2 flats and two parking it was not liable for me. But now they have sent me a letter that they are going to charge me from Jan2012 to date for my second parking as one member one parking rule & both flats are on my name and i m to be treated as a single member the second parking would be charged Rs. 500 where as first parking Rs. 80. What can i do?

 


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If you find that the legalese is very difficult to understand, you may also post in bighelpers.org which deals with these kind of advises.

 
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Scientist/Engineer

When nothing is stated in the applicable laws about a certain thing and the Supreme Court gives a judgment on it, it becomes the law.

Sometimes the legislatures also pass new laws which will have the effect of amending the existing law or amend the existing law itself. In such cases, most often the new law itself will state whether it will have retrospective effect or not.

Now since judgment was by the Supreme Court itself, only the same court can answer your question. But are you having any problem at present? Are you parking your car at the same place. Your Society also must be concerned with this question, as they may have to settle disputes. The Society can approach the Federation and request them to take up the matter with the Supreme Court.

To Mr. Manish

Only a court can decide this matter. There are two questions here. (1) Whether you can claim two parking lots, because you have two flats. If two flats in a Society are in the name of one and the same person. he or she will have one vote only at General Meetings. On the same basis the Society can say that the same rule will apply in the matter of allotting parking slots also.

 
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@Sriram

Is the parking space clearly mentioned in the registration documents?

Is the area included in the registration calculations?

Please also see the taxes you are paying currently and the floor area for calculation of taxes.

If the answer to all the questions is yes, then the space is yours. However, if you sale your flat today, you will lose the parking space and the registration will be for a smaller space. That space will revert to the association.

 

@Manish

You did not mention whether the association is collecting "service charges" for one flat or two flats. That will settle or decide whether the number of owners or the number of flats is the unit for calculations. As a single owner you are using less water, less common power and less of common facilities. If they are charging you as one unit, then they are right to provide you with one parking space. Otherwise...

 

 
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i get charged as service charge on my both flats, also i get charged rs 80/- as parking charges in one flats bill and Rs. 500 in other flats bill

 
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