car parking

Our Society in Mumbai was formed and registered in June 2003 and as per adopted Byelaws of the Maharashtra State  u/s 78(a) says " members may hold parking space/stiltif he has purchasedthe same,and he shall have a rightto sell the same to the transferee or other eligible members of the same society.".

Some where in August 2010 the Apex Court gave a judgement in in a case of some Dahisar Society <Nihalchand Case> that builder cannot sell parking slot .

However following the 97th Amendment ,the Maharashtra State has modified the byelaws and now it reads as follows:

"79. (a) The Society shall frame and adopt parking rules to regulate the parking spaces in the General Body meeting in accordance with the Act and rules there under. 34 (b) The allotment of Parking Space shall be made by the Committee on the basis of "First Come First Serve", for available parking spaces, incase of Parking Space allotted by the society, the member shall have no right to transfer the said allotted Parking Space to anybody. Policy of allotment of parking space".

Please advise whether the effect of amendment will be from prospective effect or retrospective effect because in 2003 Members paid money to purchase the parking space and the same was confirmed by the Society in Gener Body meeting also.

ha21@rediffmail.com Mumbai : 9820174108

1.  In Maharashtra, under the former MOFAct,  Selling and Purchasing of "parking spaces", is illegal and authorised, for ALL purposes.

2.  Society bye-laws have no-force-of-law.  It is only for members self-governance and CANNOT over-ride Laws, enacted by the Govt.

Keep Smiling .... Hemant Agarwal
VISIT:  http://www.maharashtra-society-help-forum.com 




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