Society can cancel parking slot allotted by Builder

traffic1By Accommodation Times News Services

The question is does society have to approve or agree the parking allotment done by builder?
Ans: NO, it’s totally depends on society to accept or reject the allotment. It’s not binding on society to accept parking lots as they are.
In this regard, the MCS by law no 78 and 79 which recognize and approve parking to a flat purchase if it is sold or allotted by builder. Is under vanishing state. The State Govt. is already started amend this bye-law. Because this by-law itself is contravention to the provisions of MOFA. But all this is pending as the case is in SC, wait and lets hope for the best.

In panchali hou. society v/s Nahalchand laloochand pvt. ltd case Supreme Court observed :

The promoter set up the case in the plaint that under the agreements for sale it has sold flats in its building and each flat purchaser has right in respect of the flat sold to him and to no other portion. It was averred in the plaint that each flat purchaser has executed a declaration/undertaking in its favour to the effect that stilt parking spaces/open parking spaces shown

cannot be treated to be a separate premises/garage which could be sold by the developer to any of the members of the society or an outsider. 7 Under MOFA, the developer’s right is restricted to the extent of disposal of flats, shops and/or garages, which means that any premises which is included in the Flat Space Index (FSI) can be sold by the developer/promoter. The stilt parking space is not included in the FSI nor it is assessable for the Corporation taxes. The submissions: 8. Mr. Tanmaya Mehta, learned counsel appearing for the promoter–Nahalchand LaloochandPrivate Limited (appellant) contended that: the stilt parking space being `garage’, as an independent unit is covered by the definition of `flat’ in Section 2(a-1) of MOFA; Section 2(a-1) creates an artificial definition of `flat’ and since in common parlance a 6 garage would not be considered as a flat, the legislature clarified and explained that the term `flat’ means…… and `includes a garage’; as long as premises are covered from the roof or which have a covered roof and used for the parking of vehicles, that would qualify as `garage’ and since stilt parking spaces.

It is up to society to ratify wrong doing of builder of sale of parking. If society decide to not to honour the parking allotted by builder then there is no force of either buyer or builder to have dedicated space of parking. Its society’s prerogative to ratify or not the wrong doing of builder.

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9 thoughts on “Society can cancel parking slot allotted by Builder

  1. OFFHAND (Personal Viewpoints, aiming at ‘common good’)

    WRT the initial 2 paras, raising a question and giving the answer “NO”, and the reasoning benind, in one’s conviction, offends, besides common sense, also the very scheme of things as embodied in the MOFA, rwt MAOA, and the following admitted premises / legal position:

    1. Until the crucial formality of “final conveyance” has been formally affected, the property in the “land and building” remains vested with the promoter. The fact that as held by court , until such conveyance, the liability to property tax continues to be that of the promoter itself goes to fortify the stated position.

    2. The viewpoints put across and canvassed, in sufficient detail, in the published analytical study of (critique on) the SC judgment in re. Panchali Hsng. Society case, -it could be urged/ submitted, -are not without substance and force, but are backed up by sound reasoning given.

    Further, as brought out therein, the said SC judgment cannot rightly be regarded to have so conclusively decided/adversely clinched, as to be cited/relied on as a binding authority/precedent, on the basic issue namely, the promoter’s right to ‘sell’/ ‘convey’, along with ‘flat’ , as appurtenant thereto, the car parking rights to buyer in the ‘limited area’, as carved out of the common areas/facilities.

    As of now, there is no gainsaying that, in the further possible proceedings in Indraprastha case itself, or in any other case , the apex court may be called upon to and expected to adjudicate, fully and finally the point (s) of issue, having in mind the attendant ramifications, from all angles.

    Now, it is left to the advising/representing lawyers, and their individual expertise and competence, to catalyse judicial opinion and assist the court in coming to a righteous conclusion, once for all.

  2. In your Accommodation Time News Services dated 15th Dec 2014 you have mentioned that ‘Society can cancel parking slot allotted by the Builder”. However you have stated further that because this by law is itself in contravention to the provisions of MOFA.But all this is pending as the case is in SC,wait and let us hope for the best”.
    1. Society means ‘GENERAL BODY’ or Managing Committee ?
    2.Is it applicable to to those Societies whgich are not giverned by MOFA Act and are OPEN Plot Society having Chief Promoter ?
    3.What has been the decision of the Apex Court on Section 78 & 79 of Bye Laws as it recognises sale of parking lot.
    An early reply by you will be highly appreciated.

    1. 1. General Body
      2. All societies irrespective of law governed. Parking is amenity along with flat.
      3. In the case Nihalchand Laloochand Builders, Supereme Court held that Parking cannot be sold or purchased. Bombay High Court also have ruled that society may and may not accept the car parking allotment by builder.

      1. I want to come to your Office and have clarifications on parking issue if you have a legal cell who can help.Thanks.

  3. I am appending below amendment to the Act, please advise if this permits a Promoter to sell Parking space in contravention to the Apex Court judgement :-
    “Maharashtra Government GR [Year 5 Vol 60(7) February 24,2014 EXTRA ORDINARY No.18-Maharashtra Act II/2014;
    Please see Paragraph 9 and 10,more specifically Para 9(2)(a)(vi) which says Allotment of fixed parking space to flat purchaser……”
    As per this Act a builder or Promoter is entitled to sell parking space to flat purchaser,earlier as well as now.
    Please advise if my contention is correct . Thanks

  4. Sir,
    Can builder sell stilt parking area before obtaining OC
    builder already taken money from us
    at the time of booking

  5. Can the builder alot a double parking slot what should be the area of each parking slot (can it be enclosed )
    2)can garden area also be alloted private in a society and can it be converted into a 3rd car parking with out the permission Of the society this is reference to one particular flat owner (who was an ex committee member.

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