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MKANCHAN (GM)     08 September 2010

Builders have no right to sell stilt parking: SC

If Builders have no right to sell stilt parking as per SC ruling then how come society can deprive a member of Mumbai CHS (purchased the flat in 2004), who is not staying in the CHS & given his flat on Leave & License basis since 2005; atken away the open car parking space earmarked for the flat from May 2010. It is now earmarked for flat of the Society office bearer, who already has a stilt parking in the society.
How to get back the open car parking place? Pls guide


 



Learning

 3 Replies

V. VASUDEVAN (LEGAL COUNSEL)     09 September 2010

Ask for inspection of the minutes of the meetings and ascertain on what basis the parking allotment was done. Based on the minutes, file a complaint to the concerned Registrar of socieities

R.Ranganathan (Advocate)     10 September 2010

If the parking was allotted on payment basis then now the society cannot take it back without paying any compensation. Further you will have the right to park inside the building since the same are treated as common area. If the society prevents you from parking then you file a criminal complaint against the concerned persons.

p.s.n.atmaram (student)     02 December 2010

the ruling is not reasonable.the new by laws expressly recognises sale and purchase of parking slots and these transactions are stamped and registered if bundled with the flat.in other words the parking space is recognised as attachment to the flat.The presiding judge who delivered the judgement himsif owns a flat in a society(nyay sagar CHS)where such allotement of parking slot in a stilt area has taken place.Though it is not known whether the said judge has been allotted a parking place by the promoters of the society it can be logically concluded that in either of the case the said  judge becomes interested party and should have refrained from deciding  the matter and the said matter should have been placed before a judge who does not own a flat built under the provisions of MOFA.The authorities should either amend the bylaws or the MOFA to remove the anomoly croped up due to this judgement  PSN Atmaram  Law Student  


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