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Our 1/4th area in basement parking is occupied by builder to make shop
22-Jun-2023 (In Property Law)
I have a freehold builder made flat in Indirapuram. I have 10 more residents in my building. We have a common basement parking. Height of parking may be around 3 metres. 1/4th area of parking is blocked by builder on the name of making some shop/office. All of our vehicles cann't be parked inside, we face problems in parking outside.We want to use that area also for parking our vehicles. I want to know the procedure to ask our right regarding this through RTI from GDA. Can we ask/complain the GDA to broke-open the walls of that shop for us to park our vehicles there? How to know our rights?
We will have to examine your property paper wherein the area you purchased from the builder will be specified.
According to Supreme court , in (Nahalchand Laloochand P.Ltd. VS Panchali Co-operative Housing Society Ltd. – JT 2010 (9) SC 414: 2010 AIR SCW 5549)
has clearly held that that parking spaces cannot be sold by the builder. They are a part of the common areas and the cost of that land has to be charged to all the flat-owners in proportion to their carpet area .
You can file RTI to GDA and seek information regarding the property. Further through a application you can further ask GDA whether they can break the wall, however we doudt that GDA will do the same.
In addition , you can file a consumer case in the consumer forum for unfair trade practice" against the builder
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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