These spaces form part of flats; any sale contract for such plots by promoters is not binding on the housing society, says the Supreme Court
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| DNA |
Developers cannot sell open spaces and stilt areas in their buildings as these are meant for common use and form part of the flats, the Supreme Court ruled on Wednesday. The ruling could bring relief to lakhs of flat-owners in different housing societies in Mumbai engaged in a tug of war with the builders over sale of such space as parking lots.
The court made it clear that the developers, or promoters, do not have the right to sell any portion of such building which is not a 'flat' and the entire land and building has to be transferred (conveyed) to the housing society or an organisation.
The only right with the promoter is to sell unsold flats, said a bench of justices RM Lodha and AK Patnaik. It was hearing a batch of appeals filed by Maharashtra-based realty promoters challenging a Bombay high court ruling of April 25, 2008.
The high court (HC) had held that parking space enclosed or unenclosed, covered or open, cannot be a 'building' thus can't be sold independently of the flats. The apex court bench also upheld the HC's ruling that said it is a compulsory requirement (for the builders) to provide for parking spaces under the Development Control Regulation (DCR). Promoters are under obligation to follow DCR, it had said.The agreement signed under Maharashtra Ownership of Flats (regulation of the promotion of construction, sale, management and transfer) Act, 1963 (MOFA), between the developer and the flat purchasers must be in conformity with the model form of agreement prescribed by the state government. The bench said the model agreement does not state that the flat purchasers separately purchase stilt parking spaces.
The rights accruing to flat purchasers after signing an agreement under MOFA "cannot be diluted by any contract or an undertaking to the contrary", it said. The undertakings contrary to DCR will not be binding either on the flat purchasers or the society.
As soon as the corporation concerned issues the occupation certificate 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. They cannot be put on sale by the developer. DNA
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Builders will come up with some other idea of getting the parking charges from customer.
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