These flat owners do not have a legal right to unilaterally claim, possess, or permanently paint their flat numbers on those stilt parking slots.
The Supreme Court of India, in its landmark judgment Nahalchand Laloochand Pvt. Ltd. v. Panchali Cooperative Housing Society (2010), explicitly ruled that open space or "stilt parking" inside an apartment complex constitutes common areas and facilities.
Because it is a common area, it belongs collectively to the Owners Association, not to the builder or any individual buyer.
The court established that a builder has no legal right to sell stilt parking slots independently.
The fact that the builder collected Rs. 20,000 for parking does not grant these owners exclusive titles. Since the builder legally cannot sell stilt parking, any cash collection without a formal, legally compliant allotment letter tied to an approved layout is invalid for claiming exclusive ownership. Even if a sale deed vaguely states an owner is "eligible for car parking," this eligibility means they have a right to a parking space provided by the collective pool; it does not give them the right to pick a spot, self-allot, and permanently occupy it.
Since the Association is currently silent, you or a group of concerned residents need to push for action. The self-occupation is a form of encroachment on common society property.
Raise this issue formally. The General Body has the absolute legal power to pass a resolution regarding parking management.
Since the current bye-laws are silent, the General Body should draft and pass an amendment specifying how parking will be handled (e.g., creating a fair layout, numbering the spots officially, and assigning them via lottery or a seniority system).
Once a resolution is passed, the executive committee of the Association should issue formal notices to those flat owners instructing them to remove the painted numbers and clear the unauthorized occupations until an official society-wide allotment is executed.
