If shared use of common areas is not allowed, the concept of apartments may not be workable

 In the Matter of Cap.(Retd.) Manmohan Lowe vs State Of Haryana And Others CWP No.960 of 2000 decided on 9 September, 2009 before Punjab-Haryana High Court

The High court observed that “If shared use of common areas is not allowed, the concept of apartments may not be workable as persons living on different floors require certain services in the complex itself. Purchasers of apartments are also attracted by the services available in a complex and are directly or indirectly made to pay for such services.”

The Villas and Independent floors constructed on individual plots will also fall under the definition of the “Apartment”

 The Punjab Real Estate Regulatory Authority through the notification RERA/ENF/03 dated 24.01.2018 clarified that

"the Villas and Independent floors constructed on individual plots will also fall under the definition of the “Apartment”.

Supreme Court - Stand alone “Garage” as an independent unit by itself is not a ''Flat”

 In the Matter of Nahalchand Laloochand P.Ltd vs Panchali Co-Op.Hng.Sty.Ltd CIVIL APPEAL NO. 2544 OF 2010. Decided on 31.08.2010 Before Supreme court of india

it was also held that Stand alone “Garage” or in other words “Garage” as an independent unit by itself is not a ''Flat” .

The Apartment or the Flat has to be a separate and self-contained which is used or intended to be used for residence or office, showroom or shop or godown or for carrying on industry or business.

 In the Matter of K.R. Agarwal vs Balkrishna Jawar And Anr. AIR 1972 Bom 343 Before Supreme court of India decided on 21.09.1971

it was held that There are three main ingredient of the term “Flat”

1. be separate and self contained set of premises

2. Be such that it can be used for or intended to be used for residence, shop or godown or for carrying out any industry, business or garage;

3. Form a part of the building

In the Matter of Nahalchand Laloochand P.Ltd vs Panchali Co-Op.Hng.Sty.Ltd CIVIL APPEAL NO. 2544 OF 2010. Decided on 31.08.2010 Before Supreme court of India

again it was held that “ the set of premises (The Apartment or the Flat) has to be a separate and self-contained which is used or intended to be used for residence or office, showroom or shop or godown or for carrying on industry or business.

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