car parking area

Querist : Anonymous (Querist) 08 September 2010 This query is : Resolved
In the year 1998,i purchased a flat along with a covered car parking area of 150 sq,foot.This was to be given by the promoters as per the sanction plan. However the promoters did not allot the same(The case is presently at the National consumer court).The promoters state that they have altered the sanction plan in the year 2003,by paying penalty of Rs 3(three)lacs.The area originally sanctioned for car parking and scooter parking is now utilised for commercial activity.They are also running a saw mill in this residential complex.
Now they want to allot the space in the common area which is a pump room,electric room etc and for which we have already paid 15% as Super built up area.
Now my Question is
can the original sanction plan of the ground floor be altered by the corporation.
2. The width of the enterance leading the common passage is narrow and merely 6.75 foot.What should be the clear minimum width of the lane for the car to pass easily.Is the width defined legally.
The OPs argue that since particular parking area in not mentioned in the agreement for sale they are at liberty to allot anywhere on the ground floor.

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Devajyoti Barman (Expert) 08 September 2010
1. Yes the sanctioned plan can be changed but if it is made after the case is filed then it is not going to effect your case.
2. The space for passing the car is sufficient though you could check the local municipal law. Generally the law is silent on this aspect as long as there is no hindrance in ingress and egress.
3.Though the developer can allot any area as parking space in the same premises if the deed s silent on this point but he can not reduce the area for common facilities and amenities as stipulated in the title deed.

Surender Dhull (Expert) 08 September 2010
Case will be decided as per agreement in between the parties if there is any clause of alteraton of plan then the they can change otherwise no.

s.subramanian (Expert) 08 September 2010
Yes. I concur with Mr.Barman.

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