Residential areas/ ‘societies’: India
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Parking of vehicles
Sources:
1. The Times of India, Jan 28 2016
2. The Times of India, Jan 28 2016, Abhinav Garg
HC: 1 car per flat in society parking lots
In a verdict that may help lessen frequent conflicts over parking in the city's residential societies, the Delhi high court ruled that a flat owner can park only one vehicle in a designated slot inside the complex unless granted exemption, reports Abhinav Garg. The rules framed by a cooperative society would be final in this regard, the court said, while fining a resident Rs 1 lakh and dismissing his plea demanding access to more than one slot as he has four cars. Common areas in a society are meant for use by all members and not for parking, the court said.
“The common areas are meant for the utilisation by all members and no one member can appropriate the same to his personal use, even temporarily as for the purposes of parking of additional cars,“ the bench observed, underlining how obstruction by parking in a common space “could have disastrous consequences, as best illustrated by the Uphaar tragedy .“
Rubbishing the petitioner Anup Mittal's stand that Kanungo Cooperative Group Housing Society can't charge him extra for additional parking, the bench noted so long as a vehicle is parked on the open area no one else can use it for any purpose. “Therefore, even transient parking of any open areas beyond the basement is certainly encroachment, albeit temporary , and cannot be treated as anything else,“ it added.
Dealing with the petition before it, the court said it is clear that “the petitioner was not authorised by the society to park multiple cars within the boundary of the society“.The building plans of a cooperative group housing society “draw a fine balance between the space essentially required to be constructed upon open areas and the circulation keeping the population density , services required and plot size in view,“ it noted.
