Sale of open car parking
GR Gupta
(Querist) 12 July 2016
This query is : Resolved
Sir, there was a ruling of Hon'ble Supreme Court in Civil Appeal No. 2544 of 2010 in which it was stated that open to the sky parking area or stilted portion usable as parking space is not sellable independently or along with a flat. I shall be grateful if it is clarified that -
1. Whether this judgement is applicable in residential societies located in Maharashtra State only, and
2. In the approved lay out plan of any society, if some portion is shown as approved open car parking area after this judgement, can it be sold?
Rajendra K Goyal
(Expert) 12 July 2016
Please do not ask hypothetical queries / academic queries, state facts of actual problem if any.
GR Gupta
(Querist) 13 July 2016
Sir, I am sorry for not giving the full details of the case. My brother has purchased a flat in a residential complex in Gurgaon (Haryana). He has been allotted an open car parking at the cost of Rs. 4 lakhs. When he came to know about the Hon'ble Supreme Court judgement, he made a complaint to the builder. In response, the builder has stated that this judgement is applicable only in Maharashtra State and the allotted open car parking is as per the approved lay out plan. Sir, before taking any legal action against the builder, we would like to take your advise in this matter. With regards
