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.