Major parking issue in my society (andheri,mumbai)

I have seen one site where there are various solution for our basic societies problems,

pls refer

https://www.moneylife.in/article/chs-or-co-operative-housing-societies-issues-and-solutions/35303.html

hope this helps,

I have also heard about a Supreme Court decision saying that parking lots cannot be sold by the builder. But I could not get hold of the judgment and hence I cannot exactly say what the judgment was. If any of the LCI members can guide it will be useful.

My understanding is as follows:

Parking in the compound i.e the open space around the building can be sold neither by the builder nor by the society.

Parking slots under the stilt designated as such and approved by competent authority can be sold.

The Model Bye-laws permit the Committee to allot parking space to members  in the compound on a monthly payment basis. If there are more applicants than the number of parking lots available the allotment will be decided by taking lots. There are restrictions on allotting more than one lot to a member. No deposit or other lump sum payment can be collected by the Society for allotting parking lots. The relevant bye-laws are attached.

If stilt parking is not allowed to be sold by builder or society, can society ask members to surrender their parking even if they paid money to the builder and have it in writing?

Technically, stilt or open parking cannot be sold either by the builder or the society. However, this rule was clarified after the recent SC judgement, and I am not sure it can be applied retrospectively in your case, as your society is quite old.

Further, in your case, even the society has itself 'sold' the parking spaces by taking a non-refundable 'deposit'. I am not sure there is any difference between the sale of parking spaces, either by the builder or by the society. In fact the former will be valid as they have bought the same through a registered sale deed at a time when the purchase was legally valid, while the society has only allotted the parking spaces.

In your case, the society can try to 'confiscate' all the parking into a common pool and then allot it equally to all its members (through a rotational system). However, it will be contested by the other members, and I am not sure whether it will be legally tenable. Further, you might also suffer as your single allotted parking space will also be cancelled, and re-allotted.

Parking lots cannot be sold by builder and even by society. Previously sold the parking lots  by builder are not binding on society. Society can allow to use the space for parking by charging monthly fees. For parking purpose society can put up a draw on yearly basis. 

@ Suneet Gupta

Can you please give me the link to the Supreme Court judgment referred to by you. I would like to see the judgment.

@ Adi

"If stilt parking is not allowed to be sold by builder or society" any sale made is automatically null and void. If the sale is null and void it gets merged with other common areas of the Society and the Society can allot it according to the bye-law, which I have already sent to you. If you want to park your second car there are provisions in the bye-laws which I have sent to you. You will have to logically extend the bye-laws if members are having more than two cars. In other wards a second car of a member will have a better right than the third car of another member and so on.

You apply to your Society for a copy of the approved bye-laws. They are bound to give you on payment of the prescribed fee.

In case of any difficulty you apply to the Dy Registrar of your ward for a copy of the registered bye-laws through RTI.

After you get your copy of the bye-laws, if the parking policy of your Society is not in accordance with the bye-laws, you complain to the same Dy Registrar. If your grievances are not still redressed post your message here and I shall suggest what to do.

In matters of law do not follow hearsay, if even it is from a reputed advocate. If someone quotes a Supreme Court judgment, get the judgment and see and satisfy for yourself. Owning and transferring immovable property or rights over it, is a fundamental right. If there is a bar on it, even Supreme Court has to give valid reasons.

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
	@ Suneet Gupta Can you please give me the link to the Supreme Court judgment referred to by you. I would like to see the judgment. @ Adi "If stilt parking is not allowed to be sold by builder or society" any sale made is automatically null and void. If the sale is null and void it gets merged with other common areas of the Society and the Society can allot it according to the bye-law, which I have already sent to you. If you want to park your second car there are provisions in the bye-laws which I have sent to you. You will have to logically extend the bye-laws if members are having more than two cars. In other wards a second car of a member will have a better right than the third car of another member and so on. You apply to your Society for a copy of the approved bye-laws. They are bound to give you on payment of the prescribed fee. In case of any difficulty you apply to the Dy Registrar of your ward for a copy of the registered bye-laws through RTI. After you get your copy of the bye-laws, if the parking policy of your Society is not in accordance with the bye-laws, you complain to the same Dy Registrar. If your grievances are not still redressed post your message here and I shall suggest what to do. In matters of law do not follow hearsay, if even it is from a reputed advocate. If someone quotes a Supreme Court judgment, get the judgment and see and satisfy for yourself. Owning and transferring immovable property or rights over it, is a fundamental right. If there is a bar on it, even Supreme Court has to give valid reasons.

@Dr MPS RAMANI

Are you sure court order is valid since our society was registered in 2003 and owners have the agreement in writing for sale of parkings by the builder. Can you please attach the court order and complete by-law that you mentioned because I am thinking of writing a letter to the society and attaching these supporting documents along. Thanks a ton!

But where is the court order in the first place. Everyone is talking about it, but no one is producing it here.

@Dr Ramani - The case is Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd. [AIR 2010 SC 3607]. Please refer to it.

@Adi - The order was given in 2010, while your society is registered in 2003. As per the earlier practice, the builders used to sell parking separately and the same used to be part of the registered agreement to sell. The situation going ahead is clear - all parking is part of the common area and has to be divided equally by the Society. However, whether the SC order will apply retrospectively to your case is a question that can be answered only in a subsequent court judgement. Till then you can try to pressurize the Society by citing the above judgement, and asking them to distribute the parking space equally.

Managed to get a copy of judgement from supreme court website. However can anyone suggest what page do I need to attach in my draft to the society. 

You can attach either the last page if you want to be concise, or attach pages 29 to 45 if you want to be comprehensive. The last page of the judgement clearly states that parking is not saleable by the builder. Pages 29 to 45 state the detailed reasons for the judgement.

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
	@ Suneet Gupta Can you please give me the link to the Supreme Court judgment referred to by you. I would like to see the judgment. @ Adi "If stilt parking is not allowed to be sold by builder or society" any sale made is automatically null and void. If the sale is null and void it gets merged with other common areas of the Society and the Society can allot it according to the bye-law, which I have already sent to you. If you want to park your second car there are provisions in the bye-laws which I have sent to you. You will have to logically extend the bye-laws if members are having more than two cars. In other wards a second car of a member will have a better right than the third car of another member and so on. You apply to your Society for a copy of the approved bye-laws. They are bound to give you on payment of the prescribed fee. In case of any difficulty you apply to the Dy Registrar of your ward for a copy of the registered bye-laws through RTI. After you get your copy of the bye-laws, if the parking policy of your Society is not in accordance with the bye-laws, you complain to the same Dy Registrar. If your grievances are not still redressed post your message here and I shall suggest what to do. In matters of law do not follow hearsay, if even it is from a reputed advocate. If someone quotes a Supreme Court judgment, get the judgment and see and satisfy for yourself. Owning and transferring immovable property or rights over it, is a fundamental right. If there is a bar on it, even Supreme Court has to give valid reasons.

Can you please attach the page where these preferences are written. Thanks!

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]
	@ Suneet Gupta Can you please give me the link to the Supreme Court judgment referred to by you. I would like to see the judgment. @ Adi "If stilt parking is not allowed to be sold by builder or society" any sale made is automatically null and void. If the sale is null and void it gets merged with other common areas of the Society and the Society can allot it according to the bye-law, which I have already sent to you. If you want to park your second car there are provisions in the bye-laws which I have sent to you. You will have to logically extend the bye-laws if members are having more than two cars. In other wards a second car of a member will have a better right than the third car of another member and so on. You apply to your Society for a copy of the approved bye-laws. They are bound to give you on payment of the prescribed fee. In case of any difficulty you apply to the Dy Registrar of your ward for a copy of the registered bye-laws through RTI. After you get your copy of the bye-laws, if the parking policy of your Society is not in accordance with the bye-laws, you complain to the same Dy Registrar. If your grievances are not still redressed post your message here and I shall suggest what to do. In matters of law do not follow hearsay, if even it is from a reputed advocate. If someone quotes a Supreme Court judgment, get the judgment and see and satisfy for yourself. Owning and transferring immovable property or rights over it, is a fundamental right. If there is a bar on it, even Supreme Court has to give valid reasons.

Can you please attach the page where these preferences are written. Thanks!