Today I am writing about this topic as even after this historic verdict from Mumbai High Court in April 2008,not many people are aware about it and they still pay money for parking to builder while buying the property. In a major relief to thousands of flat owners, the Bombay High Court has ruled that builders or developers cannot sell open space in housing societies for parking. Disposing a petition filed by a housing society in Borivali against its developer, the HC has categorically made it clear that once the occupation certificate is issued by the relevant authorities and the society is registered, “the building as well as the stilt parking spaces, open spaces and all common amenities become the property of the society”. The builder/developer ceases to have any title on the same, the court stated. Justice BH Marlapalle, in a decision delivered on April 25, 2008 has even rejected the builder’s claim that flat owners in this case had given an undertaking giving up their claim on the...