Supreme court vide its judgment dated 31.8.2010 has given a verdict that under no provisions of Law, the Builders or Developers are in any way or manner whatsoever authorised legally to sell or transfer or alienate any open (open to sky) area for parking or stilt (covered) parking area which are being allocated to the members of the Society.
Means and enclosed or unenclosed covered or open area sufficient in size to park vehicles. Parking space shall be served by a driveway connecting them with a street or alley and permitting ingress or egress of vehicles.
As per the Development Control Regulations for Greater Mumbai 1991, one parking space for every 8 sq. mtrs. Of the floor area up to 800 sq. mtrs. and one parking space for every additional 160 sq. mtrs.
While approving a plan for construction, the authorities sanctioning the approvals may sanction certain areas specifically as car park. This may be approved as an open car park or a covered car park.
The consideration for providing the sanctions on the part of the authorities may also vary depending on whether the building is residential or commercial in nature. The typical use of the building may also be taken into consideration.