Can Car Parking be taken away?
The project that I live in has 4 sectors, of which two sectors are ready and sold (1500 odd flats) 3rd and 4th under construction. In my sector there are 11 buildings and each building is being formed into a CHS society (60 flats each). The plan is that all societies will roll in into an association/federation/apex body. This body will manage the club house, gym, park and common areas.
Now I have bought an 1100 sq ft flat with car parking, the car parking is podium parking and mentioned in my Index 2 and the map of the parking with my parking spot marked is also included in the registered agreement. The podium is also where all the club house and amenities are which are controlled and managed by the builder. Also the conveyance deed is not yet provided as the overall project has one approved plan with 4 sectors and will take another 6-7 years to complete.
Now there are many flat owners who did not but parking. The original 2bhk flat owners got parking bundled along with their flat. But they have an allotment letter only as the building were yet to be constructed and parking spots yet to be marked. Later on after the project was ready the builder included the parking in the registered agreement and included the cost in the cost of the flat.
Now the problem is there are many 1 bhk owners and some 2bhk owners who don’t have parking and want all the parking to be reallocated. Some want only the unsold ones by the builder and some want all the parking in the project which includes mine as well. They are creating ruckus. The number of parking slots are half of the number of flats.
What I want to know is –
1. Can somebody take away my parking like that though its serial number is included my agreement and I have paid the registration and stamp duty
2. As per one Supreme Court order the builders cannot sell parking slots separately, does this affect us, if yes then how keeping in mind that the podium and other amenities are still under the builder
3. What should be the future course of action and what can be done legally to stop these problem makers who want parking for free
4. Also, I believe there is some rule that 1 parking slot for every 4 flats with 35-45 sq mts area, one for every 2 flats measuring 45 -70 sq mtrs and one parking for each flat measuring 70 sq mtrs. Does this come into play here or will it be lottery system for allocating the parking as only one third of the flats are 2 BHK.