Parking encroachment
Norman
(Querist) 11 August 2016
This query is : Resolved
Sir
I am the secretary of our society and would like your expert opinion on the below issue
We have a total of around 58 flat with just 12 stilt parking which has been sold by the builder and its obvious with the increase in vehicle’s we are facing parking issues. Even though they are illegal as per HC ruling no one has objected till date. However the issues are
1. A few owners from these have put chains/poles and encroach. Is this allowed?
2. How can we know how much area belongs to them? They do not have any agreement with the builder.
3. A few have parked/kept old bicycles/scooters/scrap. Is this allowed?
4. The owners of these parking’s have just a receipt of the money paid to the builder. There is no mention of parking in the agreement of the flat nor any separate agreement with the builder. They just receive and pay property tax for the parking area separately. Can the society challenge this in court and take away the parking?
Thanks
Norm
Hemant Agarwal
(Expert) 11 August 2016
1. It is illegal and a criminal offence to Buy or Sell a common open area (aka open Parking spaces).
2. Common open spaces CANNOT be fenced or encroached or used for storing. It is a criminal offence under BMC Act & MRTP Act.
3. Common open spaces, "MAY" be used for vehicle parking, subject to rotational allotment of parking spaces between members, as provided for in the Model bye-laws for the Societies. AND NOTHING MORE.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Raj Kumar Makkad
(Expert) 12 August 2016
1. It is not allowed.
2. As the encroachment itself is wrong, you need not know their permissible area.
3. No.
4. Definitely it can be got challenged in the Cooperative courts and even before civil court.
Rajendra K Goyal
(Expert) 12 August 2016
1. Not allowed.
2. No need to know.
3. Society can get it removed.
4. Parking can not be sold. Society can challenge.
