Land use in plotted colony

1.   Under the Right to Easement Act, all rights of usage for ANY type of common spaces /areas (whatsoever and whichsoever) shall vest with the plot owners, irrespective of anything.

2.  However, IF a  body of association is registered (eg. Cooperative Society, OR a Welfare Association  OR  a section 25 company OR a Trust),   THEN the builder/developer has to transfer the entire cumulative plot in the name of the body of association, irrespective of anything.

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

Properly advised by Mr. Hemant Agarwal, I agree with his views on the subject issue.

I am grateful for the advice.

What happens if the RWA decides to grant parking rights to individual residents in these common areas?

1.  In a Society /Association, all the common spaces (which includes parking spaces) belong collectively and cumulatively (for usage purposes) to the community of members of the Society /Association.  Which in turn means NO INDIVIDUAL RIGHTS (parking rights or whatever) can be given to selective members.

2.  The above means,  Granting any "Rights on Parking Spaces", to any member, would mean permanently alienating the Society /Associations rights over that particular parking slot,  which in turn means depriving other members over the common spaces (parking slots).  AND THIS IS CERTAINLY NOT THE OBJECTIVE OF A "Society /Association".  It would be highly illegal, to create Agrements /Contracts /MOU or any other document, for any Common Spaces belonging to the Society /Association (means Owners)

3.   The Society /Association, by law, is entitled only to grant "parking services" and not parking rights (of whatever nature), to its members, for which the Society /Association, is entitled to levy some "mutually decided"  charges for such parking services.

4.  Subject to a mutually decided resolution by all members, the Society /Association, may collect some (any) amount as  "Interest-Free-Refundable-Security-Deposit", from the members for Time-Period-Parking Slots, which in turn would mean that members would have to surrender the said parking slots AFTER the Time-Period, and the Society /Association, would have to refund the  "Interest-Free-Refundable-Security-Deposit", back to the member.

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar

Good advise of Hemanth Agarwal

Thanks a million Mr. Hemant Agarwal. Am grateful.