In a clear and important ruling on common amenities in cooperative housing societies, the Maharashtra State Co-operative Appellate Court has held that parking slots belong to the society as a whole and individual members have no right to sell or transfer them. The court dismissed the appeal of a Santacruz (West) flat owner couple seeking interim relief over a long-used parking slot.
The judgment was delivered on 10 July 2026 by President Sau. S.S. Sapatnekar in Appeal No. A.O. 5 of 2026 (arising out of Dispute No. CC/II/453/2023). It upheld the Co-operative Court’s order dated 3 January 2026 rejecting interim relief to Mr. Harshad Dholakia and Mrs. Seeta Dholakia, residents of Flat No. 402, Shree Mahavir Cooperative Housing Society Ltd., Plot No. 71-A, Jain Derasar Marg, Santacruz (West), Mumbai.
Facts of the Case The Dholakias purchased Flat No. 402 in December 2007 from original member Mr. Ramesh Karla. The society had allotted one parking slot to Flat No. 402 through a managing committee resolution dated 24 March 2002. The couple claimed peaceful use of the slot since 2008. In October 2021, the occupants of Flat No. 902 (who already had one allotted parking) allegedly started parking their second car in the disputants’ slot. Despite complaints to the society, no action was taken. The dispute was filed in November 2023.
Court’s Reasoning and Bye-Laws Explained The Appellate Court ruled that the appellants failed to establish a prima facie case and that the balance of convenience did not lie in their favour. It emphasised that parking slots are society property.
The court relied heavily on the Model Bye-laws of Cooperative Housing Societies:
- Bye-law 78(b) clearly states: “The allotment of Parking Space shall be made by the Committee on the basis of ‘First Come First Served’, for available parking slots. However, the Member shall have no right to sell or transfer the parking slot allotted by the Society.”
- Bye-law 78(c) restricts members from using more parking spaces than what is officially allotted to them.
- Bye-law 82 lays down the procedure: A member wanting a parking slot must apply to the Secretary of the society, and the application must be processed as per the procedure under Bye-law 63.
The court noted that while the predecessor was allotted a slot in 2002, the present owners did not make a formal application to the society after purchasing the flat in 2007 for transfer or fresh allotment. No specific resolution existed allotting the slot to the Dholakias. Therefore, they could not claim an automatic right based on the predecessor’s allotment.
Additional grounds included the two-year delay in filing the dispute after the October 2021 incident and the principle that temporary mandatory injunctions are granted sparingly at the interim stage, as they virtually amount to final relief.
The appeal was dismissed with costs, confirming the lower court’s order.
Significance of the Verdict This judgment sends a strong message to flat owners and cooperative housing societies across Maharashtra. When purchasing a resale flat, buyers must ensure formal transfer of parking rights through the society’s managing committee. Mere long-term use or an old resolution in the predecessor’s name is not sufficient. Societies are reminded to follow transparent procedures and frame proper parking rules in the General Body Meeting as per the bye-laws.
The main dispute is still pending before the Co-operative Court.
