Lawfully yours: By Justice K Chandru

CHENNAI: Builder can’t sell parking spaces, especially UDS land of flat owners

Q: Ours is a newly built five-storey apartment with 25 flats behind a road-facing five-storey commercial complex, with entry/exit pathways on both sides and open space behind for usage by apartment owners. The builders have provided stilt parking for both commercial and residential complexes. I understand that the landowners may give the commercial complex on a long-term lease to offices and go for additional car parking in the open space behind our residential complex and at the entry/exit pathways. Can parking be allowed in the pathways and the open spaces, which are part of UDS (undivided share) sold to the apartment owners?

— Narayanaswamy, Virugambakkam

A: No space can be sold as a car park by the builder. After completing construction, the builder has no right to deal with the property. Further, the builder has no right to deal with the property and to sell the land as a car park, especially when that land is UDS of flat owners.

See the decision of the Supreme Court reported in AIR 2010Sc 3607 (Nahalchand Laloochand Pvt Ltd vs Panchali Co-op Housing Society case) where the Supreme Court had ruled that promoters cannot sell parking spaces as independent units and that the developer is only entitled to charge each purchaser the price for common areas and facilities in proportion to the carpet area of the flat.

Concept of SEBC reservation will not apply to minority institutions

Q: Can the conferring of minority status be limited only based on the population of a certain community in relation to the population of the country? What about states where they count more than other communities and have adequate representation in government postings from the general quota itself? Why socioeconomic status and deprivation of educational and employment rights alone can’t be made a criterion for reservation?

—Soundar, Avadi

A: You have confused yourself with the grant of minority status and reservation. Reservation applies only to SEBCs (Socially and Educationally Backward Classes). Religious or linguistic minority status is for the purpose of running educational institutions. That minority is arrived at on the basis of population in a state. For admission to minority institutions, the SEBC reservation will not apply. They have the right to admit whoever they want.