Builders Can’t Sell Parking Lots
As per an order issued by the state cooperative department, the society will have the right to allot parking lots and similar open spaces. The order was issued based on a Supreme Court (SC) verdict, which had come down heavily on the sale of the parking lots by builders, a practice the SC termed ‘illegal’. Predictably, the builder lobby has expressed its disappointment over the order.
As per an order issued by the state cooperative department, the society, and not the builder, will have the right to allot parking lots and similar open spaces. The order which was issued based on a Supreme Court (SC) verdict states that open spaces are the property of the society members, and not of the builders.
The state cooperative department has given clear directions to not recognise the rights of allottees in both, open as well as stilt parking spaces, which a few flat purchasers may have purchased from the builder. By implication, the order could be a problem in cases where people have purchased parking lots from builders, but the society management does not acknowledge the sale.
Predictably, the builder lobby has expressed its disappointment over the order.
In several cases, builders have made it compulsory for home buyers to purchase parking lots along with apartments. Currently, a single parking lot is priced around Rs3 lakh in suburbs, while it can go up to Rs 30 lakh in the island city. In some cases, flat owners have bought multiple parking lots, causing inconvenience to other members of the society.
“This will cause chaos, as we allot parking lots as per the requirement of flat owners,” said Lalit Kumar Jain, chairman and managing director, Kumar Builders.
A similar argument was made by Rajesh Vardhan, Managing Director, Vardhaman Group who claimed that a substantial amount goes into creating parking lots. “Builders will neglect parking lots if their right to sell these is snatched,” Vardhan said.
“The law clearly states that open spaces are the property of the society members, and not of the builders,” said Vinod Sampat, a lawyer specializing in real estate matters.
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