CAR PARKING - Common areas in society not for parking: HC


CAR PARKING - Common areas in society not for parking: HC


 
The Delhi high court has given a verdict that parking cars in common areas of a residential society amounts to encroachment. Unless permitted, a flat owner can only park one vehicle in the designated parking allotted under the rules by a housing society, the court added, clarifying the legal position in Delhi for cooperative group-housing societies. In a stern message to those who own multiple cars without ensuring adequate parking space, a bench of Justices Gita Mittal and I S Mehta invoked Mahatma Gandhi to stress that purchase of private vehicles must be “guided by need not greed“.

“Air pollution is not the only environmental impact that vehicles cause. Parking of excess cars in open areas reduces available space underneath them for rainwater harvesting, which enables charging of aquifers--another adverse impact on environment,“ the bench observed while imposing a cost of Rs 1 lakh on a man who owned four cars and dragged his residential society to court for charging him extra for parking. Not only the pollution from the exhausts of cars, the movement of vehicles contributes to dust and adds to the particulate pollution in the atmosphere in the society, the court said.

“The common areas are meant for the utilization by all members and no one member can appropriate the same to his personal use, even temporarily as for the purposes of parking of additional cars,“ the bench said, underlining how obstruction by parking in a common space “could have disastrous consequences, as best illustrated by the Uphaar tragedy“.

 

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