• Open Parking Issues and Can i get it covered? Temp/Permanant

Hello Sir,
Writing this with great hope to end my daily pain looking at my car in shit and dirt. I originally purchased open car parking in our society from builder in year 2009/2010. The original allotted car park was small no one was able to park or come out of the car once parked. So builder himself decided to move my car park (like others too) to duct area (area inbetween two buildings where we have dry balconies). One find day i got to know this while i was going to park my car. That time i am told that you can get that cover as phase one society is already established and our building is going to merge with them. Our society MC allowed me to cover it with my expenses initially. One fine day one of the owner of the flat in our building objected to this approval stating this is illegal. Now builder is gone long back, Society is OK to get it covered but they are scared to allow it. 
I am in a fix now, my car parking is always filled with dirt, paint, used condoms and what not, once my car got damaged too. Not sure what to do...inbetween i also wonder if its allowed to cover open car parking with Tadpatri/Tarpaulin with role or pipe..Pl help/suggest
GS
Asked 6 years ago in Property Law
Religion: Other

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10 Answers

Hello, 

This totally depends upon the MC. If MC is allowing you to make the same then there is no issue. Such constructions shall not change the structure of the society and I do not think so  that Tadpatri/Tarpaulin will make any difference to the structure of the building. 

You may talk to the said person who is raising objection and get the matter sorted and if he is not agreeing then ask the MC to pass order and allow you for the same. 


Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

you need written consent of society to cover open car parking slots 

 

2) you   cannot cover it other wise 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See it is common area of the society and if the society approves then only you can cover the open parking space.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

First of all sale by open car parking was invalid. Builder can sell only covered parking. Now if society is permitting than nothing is illegal. You can erect the shed. Let the owner keep object. nothing will happen, only make sure his portion and common space dose not blocked.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. Open /Stilt /Podium Parking spaces are all classified as "common open spaces" under the Regional Town Planning Act and CANNOT be Sold or Purchased or Registered. Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).

2. It could be a criminal offence under the PMC Act & Rules to enclose /cover the open car parking space, irrespective of any criteria.

3.  However the Society can apply & take proper permission from PMC authorities, to construct an "awning" type of overhead protection, after paying the relevant fees /penalties.  This would solve some of your major problems.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

permission from society is required to cover open car parking. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can temporarily cover the same with society permission. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The other member of the society has nothing to do with your covering the parking space.

Let him object, you may take the steps to cover your parking space since the society also has given okay for that.

If at all he has any problem towards this let him go ahead with the legal process, which can be challenged accordingly.

This may not be considered as a structural change if you establish that this is just a temporary arrangement.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you should bye allows to cover your car.
  2. It can also be thought from the information mentioned above that if you happen to get the permission then it would not create any kind of hindrance or problem to anyone out there.
  3. You should approach the court of law seeking immediate relief as otherwise you might have to suffer great loss to your car.
  4. I am with the hope that you will get the permission from the court of law and then the objecting person also can’t say or do anything and if he does then will be surely held for contempt of court.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

It is not illegal to cover car parking if society give you permission in written as car parking belongs to society association they can give the decision to cover car parking.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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