Is buying a parking lot madatory?

Hello Sir,

I want to share my problem with you, please provide me the appropriate solution so I can fight with my society.

 

I am having flat in Mumbai ( Ground Floor ) and I am facing problem with parking.Normally all the people from my building use to park bike infront of my flat window ( Eventhough that is not parking space ).Society members favours them because they are also doing the same thing so I just want to confirm that as I heard from one of my friend that, as per the rules builder shouldn't give parking space infront of anyones flat window and even my builder did the same thing but after some year chairman/ Secratory allow members to park their bike infront of my flat window..


So Please suggest me if Indian Law has some option to fight with my Society members for the same.My privacy get suffer due to this kind of parking infront of my flat window..


I am expecting quick response because I will have to attend general body meeting of my society on next weekend..Please guide me ASAP..

If you have any documentation for such kind of law then you can send me mail on my below mentioned Email-ID..

 

Email to - jas_2686@yahoo.co.in

Thanks in advanced!! 

 

- Jay Salunkhe.

@ Jay Ya you have a right to life, right to privacy and right to personal liberty given by our Indian constitution. It's your fundamental right and those who infringe/ violate your right you can sue these people in court. see article 19-21 of Indian constitution. In addition if prove mental injury/discomfort given by your neighbours you can claim compensation.

@ Nikhil Sir please confirm whether the owner has provided you the information regarding parking area before selling the flat to you. I mean to say whether he told your later when you buy the flat from him.

Hello Shally,
 

Thanks for you quick reply.I have checked article 19-21 of Indian constitution,its really helpfull but i want one more clarification on indian constitution about parking space which is infront of my flat window.Can I make complaint in POLICE or in RTO about the parked vehicles in non-parking zone?? ( Any IND-constitution article for this issue, Any laws for CHS parking )..

 

 

Regards,

Jay Salunkhe.

 

No body can sell parking space. Read this:

 

Builders have no right to sell stilt parking: SC

New Delhi: The Supreme Court has ruled that builders/promoters cannot sell parking areas as independent units or flats as the same is to be extended as “common areas and facilities” for the owners. A bench of Justices R M Lodha and A K Patnaik in a judgment rejected the argument of a real estate development company that they are entitled to sell garages/stilt parking areas as separate flats to owners who intend to use it as parking facilities. 
    “If a promoter does not fully disclose the common areas and facilities, he does so at his own peril. Stilt parking spaces would not cease to be part of common areas and facilities merely because the promoter has not described the same as such in the advertisement and agreement with the flat purchaser. The promoter has no right to sell any portion of such building which is not a ‘flat’ within the meaning of Section 2(A-1) and the entire land and building has to be conveyed to the organization. The only right that remains with the promoter is to sell unsold flats.’’ 
    “It is, thus, clear that the promoter has no right to sell stilt parking spaces as these are neither flats nor apartments or attachment to a flat,’’ Justice Lodha writing the judgment said. 
    The SC passed the judgment while dismissing the appeal of the promoter, Nahalchand Laloochand Pvt Ltd, challenging the Bombay high court’s ruling that under the MOFA (Maharashtra Ownership Flats Act) a builder cannot sell parking slots in the stilt area as independent flats or garage. The apex court accepted the argument of the flat owners of Panchali Co-operative Society in Dahisar (E) that even if they had entered into any prior agreement or contract with the builder that they would not lay any claim on the parking areas, the same would not have any legal sanctity. 
    It brushed aside the claim of the promoter that by treating open/stilt parking space as part of common areas, every flat purchaser will have to bear proportionate cost for the same although he may not be interested in such parking space at all. 
    “As a matter of fact, so far as the promoter is concerned, he is not put to any prejudice financially by treating open parking space/stilt parking space as part of common areas since he is entitled to charge a price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat,” the apex court said. AGENCIES.

This was the judgement given by Bombay High Court which has been upheld by the Supreme Court.

Download it.