In the Matter of Yogesh Dixit vs. Manikcand Vasudha Developers (Sai Eshanya) Complaint no.CC005000000023018 decided on 03.10.2019 before Maharashtra Real Estate Regulatory Authority
MahaRERA, while dealing with the issue of car parking, relied on the judgment of the Hon’ble Supreme Court of India in the matter of Nahalchand Laloochand Private Limited vs. Panchali Co-operative Housing Society Limited. The Hon’ble Supreme Court held that under MOFA, stilt area cannot be treated as a garage and that parking areas (open to sky or stilted portion) cannot be excluded from common area and facilities under MOFA.
Accordingly, MahaRERA was of the view that the parking space in open parking area or stilt portion are not saleable along with the unit because they are "common areas".
MahaRERA further observed that the common areas are to be transferred to the society of the allottees by the developer and therefore the society vis-a-vis its members have the right to use each and every part of the common area including the open or stilted car parking space. The developer has no right to sell the stilt parking space as its control is with the society / association of the allottees.
