By Legal Cell
The Bombay High Court on September 12 2018, said that member having a motor vehicle will be eligible to have stilt or open parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space.
Justice Ramesh Dhanuka was hearing the petition filed by Royal Manor Co-operative Housing Society Ltd.
Justice Dhanuka said, “Any stilts or parking space remain unallotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has been earlier allotted the stilt or the parking space. Such allotment of 2nd or 3rd stilts/parking space shall be made on a year to year basis, provided same is not required by another member, who is not alloted even a single stilt/parking space.”
Learned senior counsel submits that there are 19 stilt parking and 5 open parking space which were all allotted by the developer to various prospective buyers of the flats in the compound of the petitioner.
He submits that all 24 car parking spaces are already allotted by the developer to the prospective buyers and thus the Co-operative Court could not have passed a mandatory interim injunction against the petitioner to allot a car parking space even on a temporary basis during the pendency of the dispute Justice read.
Justice said bye-law 81 of the Co-operative Housing Society which is extracted as under:-
“A member, having a motor vehicle will be eligible to have stilts or parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him allotted to him by his employer, or the firm of which he is the partner the company of which he is the director. If any stilts or parking space remain unallotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who earlier been allotted the stilt or the parking space. Such allotment of 2nd or 3rd stilts/parking space shall be made on a year to year basis, provided same is not required by another member, who is not allotted even a single stilt/parking space.”
