Deepak Gulati vs State of Haryana - Sections 365 and 376 of the Indian Penal Code; Samrendra Beura vs U.O.I. The Supreme Court has upheld that order of the Bombay High Court and held that parking spaces cannot be sold by the builder.

A recent Supreme Court ruling also stated that a car parking space allotted to the owner, can be used by the tenant, as he has full rights over it.

Giving its order in a case involving Royal Manor Housing Society in Bandra, the court said vacant parking spaces could, however, be allotted to those seeking a second parking space. Below you will find the latest judgment(s) handed down by the Supreme Court. The court was hearing a petition filed by a Bandra housing society challenging a cooperative court directive to create additional parking space for a new member’s car. Parking on a No Parking, Waiting or Loitering site, overstaying a … In his complaint, filed with the consumer forum last year, Mehta had said that he purchased on June 30, 2010, an apartment and car parking space at Betegaon, Palghar, for Rs 17.4 lakh.

& Ors - Article 32, Section 39(a) of The Air Force Act, 1950; Markio Tado vs Takam Sorang - Section 116A of the Representation of the People’s Act; Arun Kumar Agrawal vs Union Of India & Ors 04 Nov 2015. Cavendish v El Makdessi The remedy available to you is to move the civil court against the society to challenge the sale of parking slots and to seek specific court directions to it to give you parking space. 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.

Although it has defined the parking space, garage and other parking facilities like sacks and elevators, but it is silent on sale of such amenities separately. Judgment (PDF) Press summary (PDF) Judgment on BAILII (HTML version) The developer has no right to charge for this space. All car parks under management of MJB Security Services have clear terms and conditions for parking, as detailed on the signage within the car park. In 2010, the Supreme Court had held that developers had no right to sell parking to apartment-owners, including stilt parking or garages. The Latest Supreme Court Judgments for June 2020 with complete details of case numbers, parties name, judge names and headnotes 3) The builder is aware that Supreme court has held that parking slots form part of common areas and cannot be sold by builder Unlike in . They are a part of the common areas and the cost of that land has to be charged to all the flat-owners in proportion to their carpet area. 50% of the parking spaces can be of smaller size of 2.3 x 4.5m parking can be provided underneath the buildings or on upper floors, podium, in basements and in open spaces beyond the compulsory open spaces. Case ID. Judgments are delivered orally by Justices in the courtroom. Amit Wadhwani, director of Sai Estate Consultants, elaborates: “As per the co-operative societies act, only members can occupy and use parking space. Lord Mance and Lord Hodge write concurring judgments. According to Supreme Court in the case of Nihalchand laloochand P Ltd, parking is amenity attached to apartment hence cannot be sold or purchased. JUDGMENT The Supreme Court allows the appeal in Cavendish v El Makdessi and dismisses the appeal in ParkingEye v Beavis, thus upholding the validity of the disputed clauses in both cases. Justices. Coperative Society to use the stilt and open car parking spaces in the building. Latest judgments. Society should provide parking spaces to members: consumer forum If a cooperative housing society levies and recovers parking charges from a member, it must provide parking space … The accused complied. It is possible to re-watch judgment hand-downs on this site.

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