Dilipkumar (Retired) 22 June 2014
Hon. Supreme Court has ruled that the parking space , being common areas , cannot be sold by the bldrs. The judgement was delivered on the 31st August ' 2010 . Can some expert shed light on this: is the ruling applicable to the parlking spaces after the judgement date ? I have heard that the parking spaces allotted / sold by the builders before that remain legally acceptable .
cyberlawyer (barrister) 22 June 2014
Only upon perusing the judgment which you refer, this query can be replied. In my opinion, the judgment cannot be made retrospective as it will affect the builders..
Suneet Gupta (www.vashiadvocates.com) 22 June 2014
The SC has only clarified the situation of law, and the ruling actually applies to all parking spaces. Parking space was never part of constructed area and could not be sold by the builders (especially open parking). However, applying this ruling with retrospective effect (or even prospective effect) will be difficult as the practice of selling (or allotting) parking space by the builders is very common and is subsequently ratified by the Co-op Housing Societies. Therefore, this SC ruling is sure to be ignored, the same way as its numerous other rulings such as the rulings on Bus Lanes in Delhi, or Campa Cola Society Mumbai.
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