Builders can’t sell parking space: Bombay HC

AHMEDABAD: Recently a discussion on whether developers or promoters can sell stilt parking space to buyers in a housing society came up in an urban development department meeting. In some of the 2BHK and 3 BHK schemes across major cities in the state, builders were accused of illegally selling space, mentioned as common amenities under the development control regulations, for a fee.

The officials cited three cases in Mumbai high court on the issue where the stilt parking space is neither being interpreted as a space defined as a ‘flat‘ or a ‘garage’ as per prevailing regulations.

“No builder can sell parking space in Maharashtra as the Bombay high court has ruled that a stilt parking space is a common parking space available to members of the housing society,” says a senior urban development official.

“Few years ago, a Supreme Court bench of Justices A K Patnaik and R M Lodha had ruled that builders or promoters can’t sell parking areas as independent units or flats as these areas are ‘common area and facilities’ for the members,” adds the official.

Sources in the urban development authority claim that a special policy on parking for the city is being designed. “In Mumbai we came across that every member is allotted just one stilt parking space. If the member requires extra space he can be assigned the space by the society only if any other member does not need any,” says the official.

Credits ET Realty

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