Gunavant Patil 03 July 2022
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 03 July 2022
The builder would have got approval for the building plans from the local authority. If the parking lots have been shown as saleable parking lots attached to flats and the local authority has approved it, the lots can be purchased along with the flat. Otherwise, there is a risk that the Society can claim it.
Kishor Mehta (CEO) 03 July 2022
Bombay High Court and Supreme Court of India has held that buiilder has no legal right to allot either open or stilt parking spaces, the allotment rights are vested in the registered society. The CHS psrking rules are as under:
"78. a. The Society shall in the General Body meeting frame and adopt Parking Rules to regulate the Parking slots, in accordance with the Act and Rules there under
b. The allotment of Parking Space shall be made by the Committee on the basis of "First Come First Served", for
available parking slots However the Member shall have no right to sell or transfer the Parking Slot allotted by the Society.
c. No Member shall be entitled to utilize more parking slots than that officially allotted to him by the Society
79. Where any parking slots have been built or open space in the Society's compound is available for parking of cars, the Society shall number and demarcate the stilts and / or the open space in such a way that no inconvenience would be caused to any of the Members of the Society. The Committee shall ensure that the space is used by the Members for the purpose for which it is allotted to them.
80. A Member having a vehicle will be eligible to have parking slot. Normally no Member shall be eligible for being allotted more than one parking slot. The vehicles may be owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. If any parking slots remain unallotted for want of applicants, additional parking slots may be allotted to such Members who already have a slot allotted to them in normal course. Such allotment of additional parking slots shall be made on year to year basis, provided the same are not required by other Members, who have not been allotted even a single parking slot.
81. In case the number of eligible Members for parking slots is in excess of the available parking slots, then the Managing Committee shall allot parking slots on annual basis by fair and transparent process, in concurrence with the General Body regulations.
82. The Member, desiring to have parking slot, may make an application to the Secretary of the Society giving necessary details. The procedure laid down under the bye-law No. 64 for disposal of applications, shall be followed by the Secretary and the Committee of the Society.
83. Every Member shall pay the for parking charges for the number of slots allotted to him / her at such rate as may be decided by the General Body of the Society at its meeting, irrespective of the fact whether he actually parks his vehicle or not.
84. Every Member, having a scooter, a motor cycle, or an autorickshaw shall obtain prior permission of the Committee for parking his vehicle in the compound of the Society and pay the charges fixed by the General Body of the Society at its meeting."
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 04 July 2022
It is a wrong reading of the Supreme Court judgment. The judgment was applicable only to the specific case brought before it and it was a case in Mumbai. Fundamentally there is no law that says that a parking lot cannot be owned. As I said already one has to examine all rules and laws in Nasik applicable to the case. Lawyers and journalists have a tendency to come to conclusion reading the heading or the last statement without reading what is in-between.
Kishor Mehta (CEO) 04 July 2022
With due respect, open and stilt parking spaces can not be sold by the builder or the CHS. Builder can sell only a fully enclosed garage. I have already cited the allotment rules and procedure.