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Saurav (Technical Lead Architecture)     12 August 2012

Builder selling parking

HI Expert,

Need you r advice on this. Can a builder sell open parking slots. I was reading on internet and saw different responses. Some said that bulider can sell and some said it can't. I have recently shifted to a new apartment and was in double mind that should I buy an extra parking space or not??



 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     12 August 2012

A bench ofJustices A K Patnaik and R M Lodha of the supreme court have ruled that builders or promoters cannot sell parking areas as independent units as these areas are to be extended as “common areas and facilities” for the owners. Also, the Court said that the developer is only entitled to charge price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat. So the developers/promoters/builders cannot retain or sell such parking spaces separately since they are included in the common areas. So, in my opinion considering the SC judgment, extra parking space cannot be sold.

fulltrottlle (business)     12 August 2012

Dear madame,

My coop Hsg Soc has continued to allow the members to park vehicles in stilt( for those who have bought such rights thru regd agreement from builder).The secretary wants some sort of a court order to implement what is judged by Supreme court ! also my society is not alloting open parking as efforts have failed so far !

Kindly suggest a way to take this further...


Bharatkumar (ADVOCATE )     13 August 2012

u file a suit for that if builder sell a parkign place or common area for sell  for parking.

b man (Namaste)     14 August 2012


Dear Fulltrottlle,


I’m not a Lawyer, just keep that in mind.


The Managing Committee is legal bound to a lot car park to members on First-come, first-served basis. In other words he makes an application first to the MC, should be allotted the parking space first.

So the first thing (if you haven’t already) you should do is formally apply to the society for a car parking space. You could also mention in your application the Supreme Court has ruled any sale of car parking space as illegal, therefore any such agreements are null & void. This will make it difficult for the MC to ignore your request.


If they still don’t allot you a parking space, you can approach the Deputy Registrar of Cooperative Housing Soc with your complaint. Follow up your complaint with the registrar after a month. Also file an RTI with the Registrars office to know the status of your complaint.


Hopefully something good will come out of all this.

Warm Regards,

N.K.Assumi (Advocate)     14 August 2012

Thanks Adv Archana and b man, but it would be great if both of you post the Supreme Court Judgment in the forum in the best interest of the members.Once again thanks.

Bharatkumar (ADVOCATE )     14 August 2012

Herewith attach a judgment of Supreme Court .

Attached File : 206074099 nahalchand laloochand pvt. ltd..pdf downloaded: 120 times

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