Car Parking related Dispute and Remedy

Dear Client,

You have a strong legal standing to challenge the third car parking slot in your Kolkata G+3 building, as its creation directly violates the KMC's Approved Completion Plan and specific KMC Building Rules. Despite the developer selling this 105 sq ft space via a registered sale deed as a parking slot, it falls short of the mandatory minimum 135 sq ft area for a motor car parking space as per KMC rules, and critically, it lacks the required independent ingress and egress, forcing you to move your car for the third flat owner's vehicle.

Since the Supreme Court of India has consistently held that developers cannot sell common areas or spaces not sanctioned in the building plan as independent units, a court can indeed declare the sale deed for this illegal parking space as null and void, or issue an injunction prohibiting its use for parking due to its non-compliance with regulations and the nuisance it causes. To pursue this, you should immediately file a formal complaint with the KMC Building Department detailing these violations and simultaneously engage a lawyer to file a civil suit seeking a declaration that the sale deed is void and a permanent injunction to prevent its use for parking,

Dear Sir,

Civil Suit for Injunction and Declaration

You can file a civil suit before the City Civil Court, Kolkata seeking:

Permanent Injunction against the 3rd flat owner from using the illegal space for car parking.

Declaration that the sale of the 3rd parking space is void/illegal as:

It violates the sanctioned plan and KMC rules.

It causes obstruction and nuisance to your lawful parking space.

Dear Client,

From what you have mentioned it appears that the builder has committed an illegal act of selling the parking which is non-existent and thus has caused trouble to you and the new buyer as well.
Since the act itself is illegal hence the sale deed for the parking stans to be invalid. To ensure that you get a relief for this you will have to get the sale deed for the parking cancelled.
To initiate that first you need to send a legal notice to the builder and he owner of the flat asking them to cancel the deed. If they do not do it then you can file a civil case for the same. When you file the case you can also ask for the legal cost involved in filing the case to be paid back to you.