Car parking allowed in common area?

Hello experts,

I have couple of queries related to below facts.

1. It is a 52 individual apartment complex built in 1992.

2. There are around 15 car stilt car parking garages where some people bought then.

3. Those who do not have dedicated garages are parking their cars in the peremeter area (without blocking any movement of vehicles or people).

4. Some people who own the garages start telling to avoid parking in the common area

   (where the deed of declaration mentions that common area should not be used for various items such as parking, placing individual items, pots, drying cloths etc and none following any thing from this list.)

5. The jurisdiction is in Bangalore and apartment association is unregistered.


1. As per 2010 supreme court judgement so called builder can not sell the garages/stilt parking etc to individuals, since these areas fall under the head common area. And also the common area where people parking in perimeter belongs to all 52 owners. Does this mean that the so called garage owners need to surrender their garages to association in lieu of compensation from builder/association?

2. Do others have right to park their cars in the common area (perimeter)?


Reply Mumbai : 9820174108

1.  File grievance complaint with the local Consumer Court, against the neligence and deficiency of the Society secretary, for allotment of Parking spaces, on yearly rotational basis to the members.

Keep Smiling .... Hemant Agarwal 


Thanks for the response Hemanth;

I being a legal student would want to know if the 2010 judgement (Laloochand Nahalchand vs Panchali society) is retrospective or prospective in nature? I read it some where that logically the existing garage owners should surrender the spaces to builders or association in exchange of compensation (not remember where I reas it, I may be wrong)







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