Can Stilt Parking Judgement be applied for all types of socs

1.  The Nahalchand's  Supreme Court order says that Builder cannot sell those parking spaces which are not within the ambit of FSI, eg.. Stilt parking, Open parking, Common spaces, etc....  are all non FSI area  and hence cannot be sold, to anybody including ANY & ALL Coop Housing Socities in Maharashtra.

2.  Similarly, Stilt Parking, in shopping malls,  office complexes, Multiplexes or whatsoever,  CANNOT be sold by builders and neither the members may buy such stilt parkings,  UNLESS AND UNTIL SUCH STILT PARKING IS  "WITHIN"  THE AMBIT OF  FSI,  when the building plans were sanctioned by the civic authorities.

3.  However Stilt Parking & other open common areas, may be used to park vehicles, without buying/selling  (i.e. without owning them), subject to rules of Civic authorities and permission of the respective Societies or Shopping Malls,  Office complexes, Multiplexes or whatever.

4.  Tentatively, for violation of such rules,  there is a provision of imprisonment and penalty for the builders and by the members, as well.

Keep Smiling .... Hemant Agarwal

thanks a lot mr. agarwal

i have been called by secretary to come up with EVIDENCE that what i have been telling is correct.

are u a legal expert? can i call u on ur mobile ON 27.02.2011 AT AROUND 10-11 AM so that i could convince him over the phone?

please sms me at 93235 52597 if you may please.

regards. thanks once again.

deepak bhide

for DEEPAK BHIDE :

You may take a printout of the above along with the Supreme Court judgement and give to the CHS secretary, for his necessary introspection.

IF the secretary is still not cooperating,  THEN make a written complaint to your coop ward registrar for redressal of your grievances.

Keep Smiling .... Hemant Agarwal

Thanks

The committe is not co operating.

There is favouritism among them, I am afraid.

I would sure give them AMPLE time before I go ahead with the suggestions you made.

Regards. Thanks once again.

But builders have sold many stilt parkings across Mumbai. This judgement has now become bone of contention among members and members and MC. SC must give some guideline for already sold parkings. This is going to be a major issue in all societies now in days to come.

Legality issue may be ok but what was praticed all these years without any legal bar , how abt such deals and what affetced members shud do??

Even otherwise socisties are facing non cooperayion from members now this new issue is going to poison the spirit of cooperation in societies. SC pls listen.

Dear Sir,

Your answer explains a lot but I want to know whether this decision of the Hon'ble Supreme Court will apply to the construction of stilts in Delhi?

and if not, will they have at least persuasive value.

Appreciate your help.

Thank you.

for Vibha Nath :

1.  SC judgement is in response to provisions of the Maharashtra Ownership Flats Act (MOFA) , MRTP, the BMC Act, Development Control rules (DC rules), that are applicable for Maharashtra, more so specifically Mumbai  (i.e. the BMC Act)

2.  The building development / constructions rules are different for each state and the SC judgement may not apply to them, IF SUCH STATE LAWS SAYS OTHERWISE.

3.  You may need to check the laws / rules for your state (delhi).  However the SC judgment may used as a precedent  (at least persuasive value)   in your state for parking rules/laws.

4.  Typically, I presume Stilt parking rules should be the same in all states, subject to the local Civic laws and the Fire Laws. If the stilt area is not under the perview of  Floor Space Index (FSI),  then such parking space cannot be  Sold or Purchased.

Keep Smiling .... Hemant Agarwal

Thank you for your prompt reply Mr. Hemant.. and your answer is a lot of help.. Thnks :)

For Hemant Agarwal

Can you please advise me what happens to people, like me, who have paid in lacs to purchase a Stilt parking. The Parking space was originally sold by the builder to the previous owner and then i purchased it from him last year when i bought the flat.

Please advise.

1.  IF a builder has collected money for a parking space (i.e. sold parking space)  THEN it is a criminal fraud and a criminal misrepresentation on the part of the builder.  Common spaces (like stilt or other open spaces) are free of FSI and only FSI component can be sold or transacted.  Rest everything is illegal and a criminal fraud.

2.  Only the original Flat + Parking slot purchaser can file a suit with the Consumer Court, for recovery of his money AND as well as file a Criminal complaint with the local MM Court for criminal fraud and a criminal misrepresentation on the part of the builder.

3.  Consider this scenario :
a) Builder has sold parking space to ABC. Hence there exists a privity of contract between the builder & ABC.  Here  "O N L Y"   & only  ABC is the affected party, for purposes of legal litigations.
b)  ABC innocently sells off the flat alongwith the parking space to the more innocent XYZ.
c)  Now there is no "privity of contract" between the builder and XYZ and nor their can be any cause of criminal action against the builder by XYZ.
d)  Here only ABC can sue the builder and not XYZ (xyz is a third party)

4.  Tentatively if the society forfeits your parking space and allots the said parking space to other members on yearly rotational basis (as per the society bye-laws),  THEN YOU CAN CONSIDER THAT YOUR MONEY HAS GONE DOWN VIA PATIALA PEGS INSIDE THE BUILDERS THROAT.

Keep Smiling .... Hemant Agarwal

Our builder is handing over the society.He has sold the Stilt parking to some of flat owners before formation of society without any receipt or registration and he is now giving Society mc.,members  Allotment lettersalongwith property tax receipt from KDMC for stilt parking space while handing over.Whether Society can consider such allottement letters as valid or so? What legal action can society take to free this parking?