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City bldgs must allot parking area for visitors


Atul Patankar

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Atul Patankar

As reported by Kunal Purohit at hindustantimes.com on July 30, 2010

 

The next time you are told to park your car outside the building when you visit your friend's home, you don't have to obey. You can demand that the housing society allow you to park in the visitors' slot.

 

If it does not have provisions for visitors, you can go to the local municipal office and file a complaint against the society for violating rules.

 

In an instance that highlights a little-known aspect of the Development Control (DC) Regulations, 1991, the Brihanmumbai Municipal Corporation (BMC) on July 15 ordered a society in Kandivli to mark parking spaces for visitors.

 

The reason: Section 36(2) of DC Regulations makes it a must for every residential building in the city to reserve space for parking visitors' vehicles.

 

In the island city, the reserved space is 25 per cent of the building's total parking area, while in the suburbs it is 10 per cent.

 

The BMC's order came after Sunil Ahya, who owns a flat in Gokul Nagari society, stumbled upon the rule following a parking dispute that led him to ask for his building's approved plans.

 

"The builder had claimed there were two parking lots for visitors as it was a must," he said.

 

Ahya filed a complaint with the BMC and made queries under the RTI Act after which the R-south ward directed the society to mark parking spaces for visitors. Ward officer Sanjog Kabre confirmed the BMC order.

 

Advocate Vinod Sampat, president of Co-operative Societies Residents & Users Association, said: "If a visitor is refused parking, the visitor can take the managing committee to court."

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Sunil Ahya

Hindustan Times Follow Up on the Subject:

 

31/07/2010

 

Housing societies can't put up boards forbidding visitors from parking: BMC

 

Kunal Purohit, Hindustan Times

 

The ubiquitous board on housing society gates across the city that says 'Visitors parking is not allowed' will have to go. A day after Hindustan Times reported that the municipal body's R-south ward had cracked down on a Kandivli society for not marking parking spots for visitors, the Brihanmumbai Municipal Corporation (BMC) on Friday said it would not allow any housing society to put up boards on their gates that disallows visitors' parking.

 

Section 36(2) of Development Control Regulations (DCR), 1991, makes it mandatory for every residential building in the city to reserve space for parking visitors' vehicles. In the island city, 25 per cent of a society's total parking space has to be reserved for visitors, while in the suburbs it's 10 per cent.

 

"The boards go against the [development] plans that the BMC has approved, which specify reserved parking spaces for visitors. So no society will be allowed to put up such boards," Ashok Shintre, director (engineering service & project), told Hindustan Times.

 

"The BMC ensures that buil-ders reserve space for visitors, according to the DCR. If citizens notice that the reserved space has not been made available, they should immediately lodge complaints with their local ward offices, which will take action."

 

Housing societies said the BMC should be practical when it frames rules and that they do not have dedicated parking spaces for visitors as there's not enough space for vehicles of members itself.

 

"The BMC has to frame rules keeping in mind that almost every flat-owner in the city will have a car. Only if it makes it mandatory for the builder to provide one parking space for every flat in the building will there be a solution to this," said Biju Augustine, secretary, Spring Palms in Marol, Andheri (E).

 

Developers, however, claim the problem is being addressed.

 

Sunil Mantri, a builder and president of the Maharashtra Chamber of Housing Industry, said: "As compared to the situation 20 years ago, a lot more is being done by developers to ensure that there is sufficient parking. Multi-level basement parking and multi-storeyed parking facilities will ensure a society can reserve parking for visitors too."

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