1) Does the "Delhi Apartment Act" apply to the specified locality of New Delhi called Janakpuri, especially when one person is the single owner of the entire plot? Are the rules same as a housing society?
If the property has been constructed after obtaining permission for apartment constructions then the owner cannot say that it is his private property and he will not abide by the rules. He is bound by the laws in this regard, whether it is Delhi apartments act or any other act in force for the purpose.
2) You did not provide me with a link to the laws you are referring to for stilt parking when there is a private owner who owns the entire plot and is a builder. Please provide a link to the laws referred to.
You can search it yourself by browsing it through internet
3) The parking plans which must be followed by the builder...who makes them? Who makes these rules? Don't they simply follow the "Delhi Apartment act" laws?
If the property is built as apartments the builder/owner has to follow the apartment rules and all the laws in force on the subject, he cannot say any lame excuse, he can be take into task.
4) As you say that he cannot sell according to his whims and fancies..where is the rule book on what are his legal limitations when he is building up the plot and especially the parking? Which set of laws must I refer to? Please reply to all the points.
The apartment complex “Solely” owns the common spaces (Stilt or Open)
The members DO NOT own these spaces
Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members
Registered members include family members and associate members
Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable.
The bye-law provision pertaining to Parking “RIGHTS” is a gross violation of the various laws & Fire act rules.
Parking space number is decided basis the Lay-Out Plan (LOP) as approved by the civic body. It is also under the Development Control Rules and under the Fire Act rules. The managing committee has to adhere to these and basis that allot parking spaces.
A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.