Allotted parking area can't be sold or transferred: HC

Once an area is designated a parking lot by an approved plan, neither the developer nor the owner has the right to sell or transfer that, said the Gujarat High Court on Monday. This ruling may bring relief for many office owners at commercial complexes and deny the use of that space by the builder.

While hearing the case on appeal against the ruling of a lower court, the high court has also ruled that even if the possession receipts deny the right of using the space for parking, the builder or developer cannot usurp that right, which office owners are entitled to.

“Despite the space being approved as parking space in the basement, the builder had allotted 8,500 sq ft area to a firm for business purposes. The building was sealed by Ahmedabad Municipal Corporation (AMC) on the directive of the Gujarat High Court and hence the firm moved court to get its right back,” said Devashish Trivedi, an advocate appearing on behalf of the office owners’ association.

Trade Centre, the disputed building, is situated on CG Road.

While giving possession, the office owners were made to sign a document titled possession receipt which said that the terrace and basement of the building were of no use to office owners and its ownership belonged to the developer only.

“The disputed space is sanctioned by the Ahmedabad Municipal Corporation as parking lot. Therefore, neither the developer nor the owner has saleable right to transfer the same to any third party, including the present appellants,” said Justice SH Vora in his order.

“The builder had allotted a designated parking area to Bake Products to do business there. Following a dispute, a part of the basement was given to office owners. But it was too little space as it was an eight-storey building in the business district of the city,” said Trivedi.

On a judgment by a trial court denying interim relief, Bake Products moved HC pleading for interim relief and allowing use of the basement for its business.

Dismissing the appeal, the high court ruled: “Appellants could not point out from any documents or provision that the developers had the right to sell the parking space (cellar or open space meant for common enjoyment) to the unit holders of the building.

So admittedly, any allotment or transfer of parking space sanctioned by the Ahmedabad Municipal Corporation while granting permission to construct the building amounts to a violation of the rules and regulations for construction of a building. Therefore, any citizen who violates the law has no right to seek any discretionary relief in his favour.”