The estate and town planning department of the municipal corporation received some 35 complaints of residential societies and commercial complexes selling parking space to occupants. Many complaints were from individuals aggrieved because their parking space was auctioned to residents who owned more than one vehicle. These incidents are growing and becoming a major conflict point across the city. The New West and West zones of AMC alone account for 52% of these complaints. These sales happen despite their being banned.
A May 27, 2011 notification from Gujarat's home department clearly bans sale or auction of common space after the Supreme Court's 2010 ruling in the case of Nahalchand Laloochand Pvt. Ltd versus Panchali Co-operative Housing Society Ltd. .
The notification also stated that if the promoter or builder enters into a written agreement with the buyer on sale of common space, then it will be considered void and equivalent to forging documents. The notification is now part of the Gujarat Ownership of Flats Act 1973.
In at least two complaints received by AMC zonal offices, it was mentioned that parking space was being "auctioned" for anywhere between Rs1.5 lakh in 2 BHK accommodations to Rs5.5 lakh in posh localities like Prahladnagar.
Usually, in some societies, parking slots are first allotted on a first-come-first-served basis. If the number of cars exceeds the slots available, allotment is done through an annual draws of lots. Some societies reshuffle parking slots so that no member can claim ownership of a slot. Extra parking slots cannot be allotted to a member until every member has been given at least one slot.
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