Does municipal plan override Index II in parking space dispute?
My friend has been residing in his society for 15-18 years, with a builder-allotted parking space (165 sq.ft) clearly mentioned in his registered sale deed. He used this parking without any issue until December 2024, when the society committee unilaterally reduced it to 100 sq.ft — without any notice, consent, or formal communication. The committee justifies this by citing Index II, which mentions 100 sq.ft, but my friend has shown the municipal-approved plan, which confirms 165 sq.ft. Despite this, the committee insists that Index II prevails. Notably, of the 25 builder-allotted parking in the society, only his has been altered. Years ago, the committee also pressured him to sell this parking to the society, which he refused. Legally, in case of a conflict, does the municipal-approved plan (showing actual dimensions) override Index II? What is the legal position, and how should he proceed?
Your friend’s registered sale deed and municipal-approved plan confirming 165 sq.ft hold stronger legal weight than Index II, which primarily serves as a summary document. The municipal-approved plan reflects actual sanctioned dimensions, making it legally enforceable. The society’s unilateral reduction without notice or consent is arbitrary and can be challenged. Your friend should issue a legal notice to the society, citing his ownership rights. If unresolved, he can file a complaint with the cooperative court or civil court for injunction and restoration. The past coercion to sell also indicates possible harassment, strengthening his case for unfair treatment.
Your friend has a strong case because his sale deed and municipal-approved plan clearly show his 165 sq.ft. parking space, which is more important than Index II, a basic summary document. The society cannot reduce his parking size on its own, especially after he has used it for 15-18 years without any issue. He should send a legal notice and proceed to file a civil suit if there is no proper response from the notice.
Sir, in your case parking space rights are protected by the registered sale deed and municipal-approved plan, which override the committee’s unilateral reduction based on Index II. He should send a legal notice and, if necessary, file a complaint or civil suit for restoration of his parking space. For further legal assistance contact us on our helpline number.
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