New parking created next to my alloted parking

596 votes

As per law, parking spaces and common/common areas in a housing society must be as per the building plan approved by Ahmedabad Municipal Corporation (AMC). If the said open space is not shown as a parking space in the sanctioned plan, the society cannot convert and allot it to any member without proper legal approval and general body resolution. Open or common parking areas belong to all members of the society and cannot be permanently allotted to one person. Any such allotment done without following legal procedure can be challenged. You should first obtain a copy of the approved building plan, occupancy certificate, and the society’s resolution (if any) regarding this allotment. Then submit a written objection to the society’s Managing Committee mentioning that the allotment is not as per the approved plan and is causing obstruction. If the society does not take corrective action, you may file a complaint before the Registrar of Co-operative Societies or approach AMC for unauthorized change in use of common space. You may also approach the Civil Court for injunction, if required. If the space is required for access, safety, or movement of senior citizens or disabled persons, blocking it is further illegal and strengthens your case. I can assist you further after reviewing the relevant documents.

Advocate Viraj LawRato