The Maharashtra Co-operative Appellate Court, Mumbai, in the case of Brig. Shivender S. Kadan v. New Miramar Co-operative Housing Society Ltd., (dated 09.02.2021) has by relying upon the Development Control Regulations framed under Maharashtra Regional Town Planning Act, held that a tenant / licensee has a right to park his / her car.
Reasoning and Decision of the Court
The Court, in para 15 of the judgment has observed that:
"I find the only question that arise for my consideration is "whether the licensee can enjoy the alloted parking space which is allotted to the disputant, the member of the society?" As per Development Control Rules framed under the MRTP, Act 1966 the tenant cannot be denied parking. A car parking space allotted to the owner, can be used by the tenant as he has full rights over it. Society should not discriminate, as the parking rules are governed by the D C Rules and if the owner is eligible to get parking space then the tenant should also get the benefit of that space."
Case Details
Name: Brig. Shivender S. Kadan v. New Miramar Co-operative Housing Society Ltd.
Case No.: A.O.No.31/2020
Bench: Smt. S. S. Kakade, Member
Date of Decision: 09.02.2021
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