Members Cannot get Second Car Parking Slot- Mumbai High Court Judgement

Members Cannot get Second Car Parking Slot – Mumbai High Court Judgement

In a recent Mumbai High Court Judgement, Judge ruled that Members cannot get second Car Parking if other members requiring car parking does not have even a single parking slot.

Bye-Law No. 81 of Model Bye-laws of the Society

Bye-Law No. 81 of Model Bye-laws of the Society states that “A member, having a motor vehicle will be eligible to have stilts or parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him allotted to him by his employer, or the firm of which he is the partner the company of which he is the director. If any stilts or parking space remain unallotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who earlier been allotted the stilt or the parking space. Such allotment of second or 3rd stilts/parking space shall be made on year to year basis, provided same is not required by another member, who is not allotted even a single stilt/parking space.”

High Court Observation

Second Car Parking Slot
Bombay High Court has recently observed in writ petition filed by Royal Manor Co-operative Housing Society Ltd. Vs. Angana Bharali Das and Ors. the following:

Here the Society has 24 car parking spaces whereas admittedly there are 20 flats in the said building. The court ruled that A perusal of bye-law 81 indicates that a member having a motor vehicle will be eligible to have stilt or open parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him allotted to him by his employer, or the firm of which he is the partner, the company of which he is the director as the case may be.

The said bye-law further provides that if any stilts or parking space remain unallotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has been earlier allotted the stilt or the parking space. Such allotment of second or 3rd stilts/parking space shall be made on year to year basis, provided same is not required by another member, who is not alloted even a single stilt/parking space. The Honorable Court was therefore of a view a question of allotment of two car parking space would arise only if any member of the society who has not been allotted even a single stilt or parking space does not require such car parking. In that event, the only manner in which the additional car parking can be allotted is by allotting car parking on year to year basis.

We at SN Legal, Advocates & Solicitor, are equipped in helping and resolving Car Parking in Cooperative housing Societies and all other matters pertaining to Real Estate, Property Matters and Housing Societies issues for our clients. Please contact us for consultation.

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