Will my car parking go away due to sc ruling?
Santanu Bhaumik
(Querist) 11 September 2013
This query is : Resolved
Dear experts, I live in a CHS in Mumbai in a flat bought by me directly from builder in 2006. Alongside I also "bought" a stilt parking (like many others)for which I duly made some payment to builder and it is in an agreement in stamp paper but not registered. In our CHS, there are few owners who do not have parking as the space ran out. However, after formation of society, society made some additional provision of parking and allotting the same to those who don't have parking by a lottery system annually. Even then a few owners were not getting parking as the numbers were not enough. Now those owners moved to co-operative court and even high court (4-5 separate cases against society) stating that all agreements/allotments by builder is null and void and society should allot ALL available parking by annual lottery. I am not 100% sure but I heard some of the rulings have gone in favor of society (that they are maintaining the allotment by builder and doing lottery only for the residual parking), however, want to know what can be the issue in this going forward? Will I lose my parking? Will this not create a chaos in most of the CHS with far reaching consequences?
ajay sethi
(Expert) 11 September 2013
builder has no powers to sell car parking slots . however fact remains all builders do so . the supreme court in 2010 has held that common areas is for benefit of all members and builder cannot sell car parking slots .
Santanu Bhaumik
(Querist) 11 September 2013
Thank you Sir. But is this ruling valid for transactions before 2010? I am just wondering how come courts apparently have given directions which are in favour of the status quo. Also, this can de-stabilize the entire CHS mechanism especially in Mumbai as almost every society has fewer parkings than required. Chaos will prevail.
ajay sethi
(Expert) 11 September 2013
there are earlier judgements on the issue that builder has no powers to sell car parking slots
Rajendra K Goyal
(Expert) 11 September 2013
Well advised by the expert, no more to add.
prabhakar singh
(Expert) 11 September 2013
There can not be two opinions about the fact that builder has no powers to sell car parking slots.
