Parking disputes generate more police calls, AGM shouting matches, and legal notices than any other society issue. Builders illegally sell open slots, early buyers claim private empires, and latecomers find nowhere to park. Here is what the Supreme Court and Indian law mandate.
The Landmark Nahalchand Laloochand Supreme Court Judgment
In the historic 2010 judgment (*Nahalchand Laloochand Pvt. Ltd. vs. Panchali Cooperative Housing Society*), the Supreme Court ruled definitively that builders have no legal right to sell stilt or open parking spaces as independent real estate units.
The court held that parking areas form part of the 'common areas and facilities' of the society. Any separate sale deed, agreement, or receipt issued by a builder for an open parking slot is legally void ab initio.
- Open parking spaces cannot be sold or enclosed under any circumstance.
- All open spaces belong collectively to the registered RWA or society.
- Builders must transfer all unsold parking inventory to the society upon handover.
- RWAs cannot resell common spaces; they can only allocate usage rights.
The 'One Flat, One Parking' Principle
When available parking slots are fewer than the total number of flats, model bye-laws dictate the 'One Member, One Parking Slot' rule. A single owner cannot monopolize two parking slots while another resident has zero.
If slots remain surplus after every flat has one allocation, secondary slots can be allocated on a transparent lottery basis for an annual rental fee that goes into the society’s sinking fund.
Visitor Parking: Mandatory Municipal Norms
Every sanctioned municipal building plan requires builders to reserve 5% to 10% of total parking area exclusively for visitors. RWAs cannot convert these visitor bays into permanent member parking.
Guards should register guest vehicles with flat numbers and entry timestamps. Charging visitors exorbitant fees is illegal under most municipal building bye-laws, though reasonable overnight deterrent charges can be enforced.
Common questions
Can an RWA allot parking on a seniority basis based on purchase date?
Seniority allotments are frequently struck down if they leave other legal owners without parking. Allocation by transparent lottery or rotational system is legally favored.
Can a tenant use the parking space allotted to the flat owner?
Yes. Parking rights run with the tenancy of the flat. An RWA cannot deny parking to a registered tenant or levy punitive non-member parking fees.
Can an owner install an EV charger in a common stilt parking slot?
Yes, under Ministry of Power guidelines, RWAs must provide a No Objection Certificate (NOC) for EV charger installation provided the resident pays for dedicated cabling and metering.
Related DGate resources for society management
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- RWA management software for managing committees
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