SUPREME COURT JUDGEMENT FOR STILT AND OPEN PARKING OWNERSHIP
Lancy Menezes
(Querist) 30 September 2018
This query is : Resolved
I understand there has been a subject judgement issued by the Supreme Court of India in regards the CHS Ownership of STILT and Open parking area in the building compound. Isn't the sale purchase of STILT/ parking area between the builder and CHS member illegal, null and void? Is the MC of a CHS not responsible to issue notices and take control of the STILT and Open parking area and make it available for every CHS member for equal use. Please share the copy of the Supreme Court Judgement and let me know if the same still stands valid and enforceable at Mumbai CHS units. Thank you.
Guest
(Expert) 30 September 2018
Better discuss your own problem, rather than asking an academic query or for any document without making mention of the purpose for asking for such a document.
Lancy Menezes
(Querist) 30 September 2018
The purpose is to write to the MC of the CHS and remind them of their duties with reference to a valid document attached to my communication. The Secretary of the CHS is not bothered as he has rented a STILT parking from the owner and has a parking for his vehicle. I believe the Supreme Court judgement in regards the parking area issue (stilt and open) holds good and applicable for the CHS units in Mumbai and India. Please advise.
Lancy Menezes
(Querist) 30 September 2018
The purpose is to write to the MC of the CHS and remind them of their duties with reference to a valid document attached to my communication. The Secretary of the CHS is not bothered as he has rented a STILT parking from the owner and has a parking for his vehicle. I believe the Supreme Court judgement in regards the parking area issue (stilt and open) holds good and applicable for the CHS units in Mumbai and India. Please advise.
Guest
(Expert) 30 September 2018
When you say renting of stilt parking, how do you believe that any Supreme Court judgment on sale and purchase between a builder and buyers of flats would be valid for your purpose to remind the MC about their duties and responsibilities.
In your query, you have been talking about the the sale purchase of the stilt parking by builder, now have come with the case of renting by the secretary. With what logic, you would ask the secretary to follow the SC judgments in renting case of stilt parking, which itself seems to be a hypothetical issue.
At first, better be sure about your real problem, if you have any personal one. Only then come to this forum to ask for any solution.
Kishor Mehta
(Expert) 30 September 2018
There is a Supreme Court judgment of 2010 restraining the builder/developer from selling stilt or open parking spaces. You may refer the case of Nahalchand Laloochand P.Ltd vs Panchali Co-Op.Hng.Sty.Ltd on 31 August, 2010.
Dr J C Vashista
(Expert) 01 October 2018
Pure hypothetical, academic and time-pass topic for debate.
