Maharashtra Court states the tenant cannot be refused the parking space of the flat
In an appeal submitted by a member of the Southern Mumbai Society, the judge claimed that as per the construction control rules set out in the MRTP Act, 1966, the occupant cannot be denied to park.
The Maharashtra State Cooperative Appeals Court has claimed that occupant has the authority to park their car in the area reserved for the member who owns the rented property. Previously, a housing society in Nepean Sea Road prevented the owner from allowing parking for tenants; the appellate court restrained that while passing a judgment on 9 February 2021.
The judgment claimed that the only question that existed for review was whether the licensee should utilize the parking space assigned to the member. It stated that, according to the MRTP Act, a parking space reserved for the landlord could also serve the occupant because he has full rights to it.
Retired Army Brigadier, S.S. Kadan appealed against a cooperative judicial order last year, which rejected his plea for a temporary injunction. He challenged the 2014 car parking policy of the society and called it arbitrary and unreasonable.
When he wanted to rent his residential property, he said that society showed him a policy from 2014. That policy set a particular priority for parking, and his appeal to allow the parking for tenants got denied.
He said that the cooperative society has 110 members and 101 parking spaces. However, the housing society claimed that there were only 70 parking spaces for 110 flats.
His counsel said Kadam had purchased an apartment in the building in 2006 and allocated a car parking space. He requested a declaration stating that his licensee would be entitled to use his open car parking space. He also tried to prevent the cooperative society from blocking potential tenants from using his parking area temporarily.
The society argued that its car parking policy was approved by the AGM and was fair to all members. It specifically stated that if the cooperative society has the right to allocate parking, no other person can transfer or assign it to any other person, irrespective of the MRTP Act.
The court said that the owner was only seeking protection so that society cannot prevent his licensee from enjoying his parking space for a temporary period. Hence there is no question of the non-availability of space as alleged by society members.
It also claimed that the residential property owner had the right to seek inspection of the society records free of charge under the MRTP Act. The court ordered the trial court to decide promptly, within eight months, on the dispute over the collection of any penalty other than appropriate parking charges.
According to real estate Mumbai laws, tenants will have the right to enjoy a parking facility, just like the owner. They have the power to move the case in court if anyone tends to deprive them of this right.
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