Mr. K Vrao (IT Professional) 02 August 2013

Parking space conflict

Dear Experts,

My greetings to all!

I have been living in a society of a 50+ members in South Mumbai for more than 12 years. As we all know the issue of parking spaces which are a common site across all the parts in India, we are currently facing the same problem. I along with seven other members of my society have been parking our cars, in a vacant space inside our society premises. This vacant space was earlier developed as a garden area. But since there were not many parking spaces within our building premises, it was decided in our last General Body Meeting that maximum parking spots were to be made available for the members. Now since a new managing committee has been appointed for the tenure, the committee members have cancelled the already approved decision related to parking and have asked us to vacate the place immediately for making a garden for children. For that purpose, they have constructed a wall, trapping our cars inside the area. Since we were in possession of original approved plan layout of our building and its premises, it was noticed and also verified from a registered architect that the disputed space which the committee is claiming to be an allocated garden area is actually a parking space. Same was brought to notice to the managing committee to which they did not respond. Earlier our managing committee had circulated a notice for renovation of garden area (actually a parking area), and had taken approval from other members of the society by lying to them that they have made arrangements for those members for parking their cars. Majority of them were kept in dark by saying that they are just renovating the garden area. The wall constructed has trapped our cars inside for past one month. No matter how many times we have asked the committee to demolish the illegal construction, the managing committee is paying no attention and has been failing to take the responsibility for the same. We have also approached BMC lodging a formal complaint, but the authorities reported that such matter should be solved within the society. They are forcing us to park our cars outside the building premises. I require an expert opinion from all of you as in what can be done. Also provide your views on the following points:- Can we ourselves demolish the constructed wall? Since none of the society member had any idea of the situation can this decision be challenged?

Regards, KSV

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 02 August 2013

The Supreme Court has that ruled builders/promoters cannot sell parking areas in the stilt area as independent units as the same is to be extended as “common areas and facilities“ for the owners. The apex court passed the judgment while dismissing the appeal of the promoter, Nahalchand Laloochand Pvt Ltd, challenging the Bombay High Court ruling that under the MOFA (Maharashtra Ownership Flats Act), a builder cannot sell parking slots in the stilt area as independent flats or a garage.

“Open-to-sky” areas or “stilted” (covered) portions of their flat complexes, usable as parking spaces, cannot be sold separately by flat builders/promoters/developers as “garage”. These spaces are part of the “common areas” in flat complexes and not “saleable independently as a flat or along with a flat”, the court said in a judgment.

Mr. K Vrao (IT Professional) 05 August 2013

Dear Acharya Sir,

Thank you for your valuable inputs. But my problem is a little bit different. We are not asking to sell or buy the parking area.

My problem is that, our managing committee is planning to build a garden, in the area which by BMC approved plan is a parking area.

And for that they have constructed a 4 ft tall cement wall, so that it obstruct our cars movement. And because of the same cars of our four members are stuck in.

This decision was taken by committee itself without any prior notice and also getting approval from other society members by lying to them and providing wrong info about the activity. We were given a two day notice to vacate the place.

Also as per my knowledge such alteration to the society and its premises without proper permissions from the government authority is considered as illegal.

Thanks,

KSV