Stilt parking

Supreme Court has dismissed an appeal by a builder against a Society regarding his right to sell parking lots under the stilt. Actually he had sold all the flats without any attached parking lot and tried to sell them thereafter. I do not think that this could be taken as a general order. Among other laws the supreme court cites the Development Control Rules, 1991 also. The DCR stipulates that every builder should provide a certain number of parking lots depending on the sizes of flats and number of flats. There is nothing in DCR to indicate that such slots cannot be sold to individual flat owners or whether the builder can provide parking slots over above the number required under DCR and then sell them to flat owners.

Recently a consumer court asked a builder to return Rs.50000/- collected by him on sale of a parking lot. It is not clear whether the flat owner was allowed to retain the parking lot for himself.

It cannot be that a person who owns a car cannot own the parking lot for his car also and has to depend on the whims and fancies of the Society.