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Vivek Phadnis (Professional)     20 May 2010

Sale of Stilt Parking Area

I would like to have the details of the judgement delivered by High Court regarding sale of stilt parking by builders. The Court had ruled that the builder cannot sale Parking area. 

With warm regards

Vivek Phadnis



 4 Replies

Swaroop Godbole (advocate)     20 May 2010

is that so ???

i thought the question of whether the builder can sell "parking area" or not, depends upon the sanctioned plann by the government. the plann sactioned after srutinizing FSI, TDR and other matter clearly indicates the saleble area, private parkings, common parkings and comman area.....

Vivek Phadnis (Professional)     20 May 2010

Dear Mr. Swaroop

I am very thankful to you for your immediate response. Please go through the link and let me have your opinion in the matter. it is very important as any order can be understood in a different way different people. I will be obliged if you will go through the link that I am sending you and get back to me.


With warm regards

Rajendra Kumar (self employed)     10 June 2010

I want to know whether stilt parking owners (though it is illegal) are also suppose to pay the parking charges at the same rate as other members are paying. A single member cannot have opinion from federation on this subject and society (majority members) do noit want to have opinion from federation. What is the remedy available to the single member to resolve this problem. Can a single member approach the Dy. Registrar to have suitable order to collect same parking charges from Stilt Parking Owners.

Pl.  share your views on this topic as it is an important topic for many members of the society.


Suhail SHahbazker (Society member)     27 January 2011

The Society should charge monthly charges for stilt parking double than what they are charging to open parking because thet are expose to sun/heat/rain/dust/dirt/corrossion etc.

Or should charge equal to both and if a member having two or more flats and have two ro more parking having one vegicle should handover one parking to the society where parking of vehicle is a big issue and should not park only one vehicle  in the middle of the two parkingexposing them owner of illegal stilt  parking as per Hon: Supreme Court Judgment. OR the Society should takeover the stilt parking and refund te payment made to builder bty the stilt parking person upon showing the receipt of payment to builder. The society can have full control on the stilt parking.

These stilt parking owners keep their matereial in the garages which is also illegal.  As parking places cannot be used as storing the stilit parking with their hous hold materials as per inssurance policy is also illegal to keep household materrlas in stilt parking.

Or we should file writ patition in the high court to implement the Hon: Supreme Court judgement. Any society which refuse to act should be brought ot contempt of Court proceedings.SUhail   

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