Lawfully yours: By Retd Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court. Do you have a question? Email us at citizen.dtnext@dt.co.in
Not ‘freebies’, all parties backed ‘social welfare’ steps before ECI
Q. Is there anything wrong with freebies being a part of state policy? A large number of people in our country live under conditions of extreme economic vulnerability. Ensuring a minimum income, apart from poverty alleviation, should be the central focus for governments across the ideological spectrum. It is critical for the survival of hapless millions. Can’t there be an agreement across ideological-political divides to ensure a minimum income level for every household? Can’t the judiciary come out with guidelines on how to go about freebies to avoid political parties from misusing them as a publicity stunt alone?
— Selvanayagam, Thirumullaivoyal
A. Basically, there is no illegality in announcing freebies by the political parties. No political party is an exception to this action. Supreme Court, in the case of Subramania Balaji vs Election Commission of India (5/7/2013), has held that the distribution of freebies would not amount to electoral corruption. Further, the court also said that the freebies are in effect an action pursuant to fulfilling the promises made under the Directive Principles of State Policy, enshrined in the Constitution. It also directed the Election Commission of India (ECI) to decide on the issue after hearing all political parties. Before the ECI, all political parties supported the issue. The ECI is yet to release its report.
An allottee is not the owner of open (parking) space
Q. In an apartment comprising three houses, we have a stilt car parking and other utilities. Based on the UDS (undivided share) of the respective owners, a certain number of car park slots were created. But one owner is insisting on earmarked space for them exclusively based on their UDS, which means if anyone happens to step in their area it will amount to intrusion. When the stilt is a common area, can anyone demand ownership of a certain space and claim that as their own? The very word ‘common area’ defies this in my view. Please enlighten me on this.
— Shenbagalakshmi, (via email)
A. The Apartment Ownership Act and the RERA support the builder in allotting open parking spaces to flat buyers depending upon the UDS they own. There is a method in (their) madness. Such an allottee is not the owner of the space. It is in essence a form of Right to Use. I think such issues should be decided by RWAs and the residents must have an agreed formula if there was not one in existence before. The RWAs must also frame bylaws regarding open space usage.
