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IN
THE
OF
JUDICATURE
AT
NO.
2182 ..Appellant
OF
Co-Operative ..Respondent
Housing
Mr. F. E. Devitre, Senior Iyer, Senior Advocate with Mr. Vineet B. Naik i/by M/s. Prakash and Company for appellant. Mr. G.N. Salunke with Mr. S.R. Sharma for respondent.
Ms. Dhond,
Rajani Mr.
CORAM: B.H. MARLAPALLE,J. Reserved on : February 13, 2008. Pronounced on : April 25, 2008.
JUDGMENT:
This appeal is directed against the Judgment passed Greater by the learned on Judge 4/4/2007 of in the S.C. City Suit
Mumbai
No. 1767 of 2004. The said suit was dismissed with costs.
2.
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"That committee or restrained of trespassing manner with respect of building particularly Exhibit Enclave, (East), the of parking by shown "A" N.L. any by this on
the members, other an Honble the disturbing/ possession the suit in person
defendants, members, claiming of from premises obstructing of premises the the i.e. stilt Panchali, in hereto, Complex, the plan at
/interfering plaintiffs 25 portion as annexed of in number the more at Indraprasta Dahisar 068."
spaces name
Nagar,
Mumbai
The plaintiff is a Private Limited Company, itself under of and It as the the transfer) had purchased a developer/builder/promoter Maharashtra promotion Act, from of 1963 the Ownership construction, (for short original as Flats sale, the owners,
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namely, bearing (Pt), situated Suburban vacant Authority appellant storeyed land specification Corporation said "Panchali" having Building parking stilt Corporation. the promoter basis in
Krishna Nos.1458 (Pt), village and by Land decided and with the 1476
Boritkar (Pt), (Pt), Dahisar, which 1459 1478 Taluka was (Pt), (Pt)
as and
construct complex on
approved Corporation storeyed has "A" stilt and The the as stilt. per
short). buildings plus "B" seven with building There the 2001 are plans to
of by upper
seven
multi which
flats
(the enclosed
February
completed the
Corporation
issued
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certificate. Co-operative 8/10/2003 Housing three purportedly alleged society remaining of enclosed gate/grill 21/3/2004, resorted police finally 1767 of to the all door that tried 25
The Society, and Society". parking in on to parking appellant. the and even the had the spaces the it
flat which was was named Before were possession 22/2/2004 take spaces It parking locked residents action. 11/3/2004 trial others. court the forcible by appears sold of
formed or
a about Co-operative
registered, were It of is the the locks has collapsable On also filed and No. is
possession breaking that lots the by one of of other The and in the Civil suit open
the
each
Thus
the enclosed car parking spaces in the stilt portion in the building named "Panchali".
4.
prayed in respect of the suit parking lots mainly on the following grounds:-
:5:
As
per
the
for plaintiff
sale
signed
in
ownership
(b) declaration/undertaking over favour effect, and spaces plan that nature object plaintiff purchaser not in he/she/they plaintiff parking a space be the
Each
of
the at of the
flat the
purchaser time
had of
executed
taking in the
possession of that irrevocably and belonged they to to to the any would the sale open the
respective inter purchaser that spaces to claim that the that he/she/they his/her/their until and from space in the plan they same stilt shown the of alia
flats to
plaintiff, each agreed parking exclusively have same of person, that to premises
unconditionally parking in the plaintiff, whatsoever will by the not the flat shall vehicle unless the or and open that
no and
park
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flat
purchaser vehicle
not said is
to
and
unless
purchased
stilt
parking as it is is
is under part
in
the 2(a)
MOFA and
common garage.
private
5.
the dispose
has the
no
right in
to the the is
parking
portion, of to
plaintiff
flats/shops/garages;
(b) the D.C. Rules 1991 restrict the rights of the promoters to sell parking spaces;
(c) the undertakings allegedly given by the flat purchasers are not binding on the society
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and in any case such an undertaking is contrary to the provisions of the MOFA and, therefore, it requires to be declared as illegal and bad in law;
society of the
never the
to
parking not
plaintiff prayed in
the
suit.
6.
following issues were framed by the trial court and answered accordingly:-
ISSUES (1) Do the plaintiffs prove that they have absolute right to sell/dispose of the parking space under the stilt? (2) Do the provisions of the MOFA restrict the rights of plaintiffs/promoters to sell /dispose of the parking spaces? (3) Do the provisions of the Development Control Rules 1991 restrict the rights of the plaintiffs/promoters to sell/dispose of the parking spaces?
In the affirmative
In the affirmative
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(4) Do the Defendants prove that the undertaking given by the respective flat purchasers is not binding upon the Defendants namely the cooperative societies? (5) Do the Defendants prove that the undertaking referred to in paragraph 7 of the Plaint purported to have been executed by the respective flat purchasers are contrary to the provisions of the MOFA and as such illegal? (6) Do the Defendants prove that the undertaking referred to in paragraph 7 of the Plaint are contrary to the D.C. Rules and as such illegal? (7) Do the Plaintiffs prove that the residents of the respective buildings attempted to take possession of the stilt portion with the use of force? (8) Are the Plaintiffs entitled to the reliefs asked in the Plaint? (9) What order?
In the affirmative
In the affirmative
In the affirmative
In the negative
In the negative
Issue Nos.4 to 6 deal with the undertaking the purchasers Similarly decided together. and Issue hence Nos. Certain they 1,2 documents have and been 3 were
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brought
on
record
before
the
trial
court
and
the
(a) Exh.-A
: Copy of the agreement dated 27/05/2002. : Letter dated 4/3/05 from the Corporation to the plaintiff. : Undertaking executed by one flat owners.
(b) Exh.-D
(c) Exh.-E
(d) Exh.-F Colly: Sanctioned plan alongwith forwarding letter dated 19/8/02. (e) Exh.-G : Original I.O.D. dated 3/5/1997.
(f) Exh.-H Colly: Original letter dated 27/2/01 alongwith approved amended plan. (g) Exh.-J : Original office copy of the plaintiffs letter dated 26/3/02.
(h) Exh.-M Colly: Affidavit of examination in chief of Rajesh Himatlal - PW 1. (i) Exh.-1 : Affidavit of examination in chief of Hariharan T. Iyer - DW 1. : List of documents along with the copies of original documents.
(j) Exh.-2
(k) Exh.-3 Colly: Copies of tax receipts showing that the Defendants paid municipal taxes. (l) Exh.-4 Colly: Copy of the complaint filed by Defendants society in B.M.C. (m) Exh.-5 : Copy of the complaint filed by the Defendants society against the
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Before we deal with the merits in the the order passed to of prescribed Rules the by and by reproduce model the the trial certain form State Regulations and of court, provisions it of
necessary Clauses
Form-V Control
FLAT
Sec.1(a). self-contained intended show-room any garage, building or industry the and to shop or set be
"Flat" of used or
means
a premises
for godown
premises
Explanation.-
Notwithstanding
that
provision
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is other sets to
made
for
bathing or be
or more deemed
conveniences of be premises,
common premises
self-contained;
Promoter
Sec.2(c). constructs or purpose other society includes who different builds or building of persons, or his and persons,
means be
a constructed
apartments or all
association
persons term
sell
A such
who or
constructs building
or of -
disclose (including
the
nature the or
of provision to
fixtures, for be
provided
:12:
in of is
writing, persons to be
the
precise to be
nature
of
conditions who
Sec. 3(m)(ii)(iii)(iv) -
the in
flats the
are
advertised advertisement
for
particulars,
the
extent area be
of of
the
area
of
the
flat which
balconies
separately;
of
the the be
including areas
the and
purchaser
instalments
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(iii) the
the common
nature, areas
extent
and and
description
of facilities;
the
nature, areas
extent and
and facilities
description if
of any.
Sec.4(1A)(a)(iii)(iv).
The (1) as
to contain in
prescribed alia
agreement the
there documents
attached in
the clause
specified
(a) particulars -
(iii) the extent of the carpet area of the flat including the area of the balconies which should be shown separately;
(iv)
the
price
of
the
flat
including
the
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areas
Sec. persons society promoter submit registration who or, as take the an of or shall
10 required a
(1)
to
As
soon
as form
minimum a flats,
number
of
Co-operative the period for persons society and the the flats application or Nothing as in the flats this in Act.
taken prescribed
Registrar of
Co-operative company; of
not of may
such society
a be, shall of
affect of
of
dispose the
remaining of
provisions
(2) buildings is
If
any
property or
consisting to
of be
building
or
constructed
constructed
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and provisions Ownership registering Act Registrar Co-operative and form in then
the
submits
such
property
to
the
Maharashtra by as provided shall in Act, it shall not the 1960, be or executing by inform
1970,
promoter defined
any
co-operative
society
11. complete
A his
take convey
all
flats,
aforesaid, or
and
section of shall
if
no
deliver
relating
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which
may
be
in
his
possession
or
power.
Sec.16.- The provisions of this Act, except where otherwise provided, shall be in addition to the provisions of the Transfer of Property Act, 1882, and shall take effect
Clauses FORM-V.
of
the
model
form
of
agreement,
Clause purchase hereby Flat of (which on hereto ...../ .......Building Flat") Rs........ for Floor from agrees No. carpet is
2:
The the to sell ........ area inclusive as shown and open (herein
Flat
agrees
to
Promoter the
Promoter one ............. sq.metres of balconies) thereof No. the "the including
the
plan D/shop in as
annexed covered/
the being
proportionate
price
of
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and
facilities nature,
to and areas
particularly hereunder
Schedule
Clause the the that been any floor promoter furnish particulars the while has other floor such said to no Floor said part utilised purpose space
4 Space land of
The Index
Promoter
hereby in
that of and has for said the shall detailed of case Promoter
available sq.mtrs.
is the by
space
index
whatsoever. index elsewhere, the in floor flat respect space the any or index, space floor property then index has
utilised the Promoter all such by land index way of him. the
the utilisation In
of
any floating of by
particulars be disclose
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to
the (F.S.I)
Flat in be the
consumed the
will
available of
Clause an of that of event assignment of a the agent the he flat before of said
5 of
In the
case
the
Promoter
is
acting
as Owner agrees
vendor/Lessor/Original the Promoter handing purchaser of the to said be a land formed in on "the full of as his title the said Society"/ and to if or land in by hereby over and in
before flat
possession any conveyance/ favour the the land the true the any, claim and
party
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as land the
far is
as free
ensure
that
of the the
conveyance/assignment land by
favour
Society/Limited
11 part for
The thereof
Flat or purpose
Purchaser permit of
shall the
use same
the to
for
parking
Purchasers
13
the four
Unless
it
is
otherwise hereto
agreed the
to Promoter of aforesaid
parties months of
registration as Society
or be
Limited transferred
Company, to the
or
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Limited interest Owner/Promoter aliquot the necessary lease may said Limited conveyance/ keeping Agreement. of be
Company of
all
the
right, the
title
and
the
the said obtaining/ and land the of case lease and or (or to
land or
together executing assignment the extent and Society may shall provisions be be
authorities) such
building Company,
Clause 24 - IT IS ALSO UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES hereto that the terrace space in front of or adjacent to the terrace flats in the said building, if any, shall belong exclusively to the respective purchaser or the terrace flat and such terrace spaces are intended for the exclusive use of the respective terrace Flat Purchaser. The said terrace shall not be enclosed by the Flat Purchaser till the permission in writing is
:21:
obtained from the concerned local authority and the Promoter or the Society, or as the case may be, the Limited Company.
5."Transfer of property" defined.- In the following sections "transfer of property" means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act.
In
this
section or or
includes
association
any
force by
transfer
associations
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transfer.made
(1) with or
. Nothing in this sub-section shall impair the rights of a transferee in good faith and for consideration.
. Nothing in this sub-section shall affect any law for the time being in force relating to insolvency.
suit
instituted
by whether of
(which or
execution the to
of,
or the
for
the
creditors.
(2)
Every
transfer
of
immovable
property
made
:23:
consideration transferee of
with shall
intent be such
to voidable
defraud at
a the
transferee.
purposes
of
this
sub-section, shall
no be
intent a
to
subsequent made.
consideration
was
The Government of Maharashtra by its dated the 20/2/1991 Development Bombay, 1991. Control Regulation has sanctioned Regulations No.2 and (DCR) defines
certain terms and the relevant of those for the present consideration are reproduced as under:-
"Amenity"
roads,
streets, grounds,
and
:24:
2(11) constructed any or walls enclosing space, chemicals. purpose, not, etc., or tanks
verandas, intended to
constructed
2(13) "Built-up area" means the area covered by a building on all floors including cantilevered portion, if any, but excepting the areas excluded specifically under these Regulations.
"Carpet a or floor
area"
means
the excluding
net
usable that
floor covered
within walls
other index
areas
specifically computation in
Regulations.
"External
wall" a
means party
an wall
outer even
wall
of
being
though
:25:
wall wall of
of abutting
another on an any
building
and
interior
"Garage-Private" designed of
means and
a used
building for
or
a the vehicles.
a than gain,
building as
garage, used
repairing, parking
servicing, motor-driven
"Open a
space" site
means left
an open
area to
forming the
an sky.
space"
means open
an area
or in shall a or vehicles.
driveway and of
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"Tenement" a kitchen,
means or
an a
independent cooking
dwelling alcove.
(2) Exclusion from FSI computation - The following shall not be counted towards FSI:-
(a) ....... (b) ....... (c) ....... (d) ....... (e) .......
(f) Area of unenclosed but covered parking spaces as provided in clause (b) (i) of sub-regulation (5) of Regulation 36.
36. developed or
Parking
spaces.redeveloped,
Wherever parking
property spaces
is at
:27:
the be existing
scale provided.
laid
down When
in additions the
these are
not concession is
to
(1) General Space Requirements.- (i) Types.The parking spaces mentioned below include parking spaces in basements or on a floor supported by stilts, or on upper floors, covered or uncovered spaces in the plot and lock-up garages.
Size
of
Parking to be
Space.provided
The shall
minimum be
sizes as below:-
spaces
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(iii) Marking of Parking Spaces - Parking spaces shall be paved and clearly marked for different types of vehicles.
(2) Quantitative Requirements - Four wheeled auto-vehicles. - Parking spaces for four wheeled auto vehicles shall be provided as in Table 15 below, any fractional space of more than half resulting from the ratios in column (3) thereof being rounded off upward to the nearest integer.
1. Residential - (B) In the rest of the Island City area, Suburbs and Extended Suburbs:
(a) sq.m.
tenements
having
carpet
area
above
35 each.
tenements not
with
carpet 70
area sq.m.
exceeding
45 each.
exceeding
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(c) sq.m.
tenement
with
carpet
area
exceeding
70
Parking
Spaces.spaces
Where may
to be
be
accommodatedprovided -
underneath stilted
the portion,
building, or
in on
basements upper
(b) in the side and rear open spaces, but not in the amenity open spaces, if -
(i) they are unenclosed but uncovered except as provided in (d) below;
(ii) they do not consume more than 50 percent of the open space;
minimum kept
distance free of of
of
3.0 parking
m. for
around
the proper
vehicles;
:30:
(iv) boundary in
they case
are of
atleast
7.5
m.
from covered
the
road garages;
detached
(v) of the
parking Fire
meet the
the
multi-storeyed, buildings.
and
in side in other
zone,
beyond open
satisfied. an
the
(d) .......
38. Plinth.-
Requirements
of
parts
of
buildings
(1) ..........
(ii) Interior court-yards, covered parking spaces and garages. - These shall be raised
:31:
at least 15 cm above the surrounding ground level and shall be satisfactorily drained.
9.
P.W.
1 - Rajesh
Himatlal, in his
of
700 carpet
in
Exh. I as
is cannot up of
referred
built
Rs.10,29,700/flat 31/5/2002..........
700 from
sq.ft.
the to
applicable
of
referred
in
Exh.K. clause
area. no stilt
consumption
F.S.I.
Clause
no.3-B,
3-C
and
3-D
are
deleted,
as
:32:
agreement mentioned
is
in in
respect
of
sale clause
of
flat 3-A.......
Undertaking paper. Exh."E" have incorrect never advocate....... It was not to appeared is
executed registered. by me in
on
a The my
undertaking. deponent
before
It parking shown
is space
true is in
that required
as
per to
clause be the
6-C kept
of open
Exh.J as plan".
10.
have in of
my In The
flat June
in 2002
possession
building
constructed
May,
:33:
I making
wanted
some
time
of
a not of 2002.
balance my flat
payment, in the
of
I had signed a written undertaking in favour of the developer. It is true that I have not challenged undertaking signed by me, as I do not know the contents thereof. I am secretary of the defendant-society from
October/November, 2003.............
plaintiff
disclosed in by but read of all including till one the plaint. this
executed members
who
are
:34:
defendant
society.
All the members are flat purchasers of the defendant society. ......
is
that
in super
my
no area
where of
it my is far, every
what The
respective
occupation.
It executed society by
is
true the
there in
is favour
no of
(a)
:35:
right to sell the suit parking spaces separately to anyone including the members of the defendant-Society in view of the provisions of the MOFA, the model agreement prescribed by the State Government under the same and the Development Control Regulations, 1991; and
(b)
estopped from challenging the action of the plaintiff-company for sale of the suit parking spaces on account of the undertakings furnished by its members / flat purchasers.
12. made taken effect provide of upto scheme that Sq.mtrs., if the the 35 of by up
At the outset let me deal with the submission the for that suit carpet sq.mtrs. Regulation the one carpet parking area the the parking area learned first Senior time in Counsel this was per flat submission of the has the being is DCR tenements to be is the less based which above provided which appeal not DCR has and to been the to view or the states 35 for
required in than on
:36:
four sq.mtrs. will In tenement case tenements sq.mtrs. of in that sq.ft. dated 535 area. 350 defendant sq.ft. that would the be it sought
tenements but have case must the carpet in or the his the area 27/5/2002. sq.ft. The sq.ft. The between be different area 400 be to be one the
and less
if than
carpet sq.mtrs.,
area two by
exceeds
45 tenements
parking any is
Managing Himatlal Court was in the is will be for the area not (PW
the
trial
700 agreement of carpet approximately of of the 700 conceded area, i.e. there if may imagination case was plaintiff
further in 35 admittedly
have learned
per built
area of
stretch new by
in
the
:37:
company Court, on
and
if
such
a the
was
taken could
the dealt it
obviously the basis to 700 50 that the the cannot the built plaintiff be of
up -
area
considered
articulations
13. parking entitled way open members defines unenclosed park "Garrage-Private" thereof designed of space of space to
It is the plaintiffs case that the stilt is dispose sale and or the it it common society. space" or As means and a used building for the which open a off cannot garage as be and, a therefore, separate to be premises a to of enclosed in size it is by common the DCR or to 2(47) a of portion vehicles.
treated area
parking
Regulation or parking
:38:
Surely unenclosed, is excluded the Similarly property to unenclosed clause In unenclosed structure enclosed. developed laid When new reference whole where requirement 36. spaces the the area a also
the covered
space open the cannot area DCR is in parking DCR 35(2)(f) parking
either be of a parking
enclosed building. space But in is not area provided Regulation spaces a sought a at be building reckoned and shall is spaces a under of instant not not to to property the the charged
or It is admittedly FSI. to charged of in 36. were fabricated be is scale provided. the with the apply compulsory DCR parking case,
from
35(2)(f). counted the space states space (5) stilt parking by DCR is that as of
property
covered of
Under has
(ii)
36(1), and in
size the
out
:39:
as required under DCR 36(2) for 56 flats, 28 parking spaces (unenclosed but covered) have been provided.
14. promoter, building fixtures, provided, organisation title governing or for the balconies nature, facilities, limited Section out the / 4(1), purchasers in agreement promoter the are sale, carpet is of
Section 3(2) of the MOFA states that a who flats, and writing persons to such to be constructs shall amenities the to passed, be and of when the flat be of or intends disclose provided precise constituted the person, the flats terms to the or nature and and who are the the area separately, common and any. which provided between As promoter form. per and As the for the areas description As are have construct nature to of to a of be the which conditions taken advertised extent of of the the and of per set in builder Section flat per
fittings in of
disclose area
description the areas MOFA 3 is the are to flat between in the nature, and all
particulars be
agreement shall be
prescribed
:40:
Section necessary the interest relevant which the the to and shall builder. society Clause is is 13 be plot
11 steps organisation in
of
the to of
MOFA, complete persons land and title possession states out not the the to the limit Rule 8
a his his
promoter title
the documents of in
to power. the
the Clause residual will of the the not society, to of Rules, FSI be
be
his
of in
consumed registration
available society it the the 1964. it the of be all the the the MOFA otherwise of take
whereas
of
registration MOFA that the or cause Company of and/or 16 of where to 1882, the and the
Model by
states between
unless parties,
otherwise
registration to
to
the
the
aliquot its be
part. provisions, in
addition Act,
provisions shall
Property
:41:
effect contained these arising between diluted contrary. Corporation, promoter under purchaser agreement The purchasers covered In Court agreement (Exh.A) cannot the binding ignorance contrary know be the that said the must to
notwithstanding in provisions, from the by When it is follow MOFA be V) in the promoter any the any contract. it is
to on that under
the the
contrary touchstone the the cannot to by of of rights MOFA be the the the signed the form flat of
agreement and contract plans obligatory the between conformity prescribed agreement separately
purchasers undertaking sanctioned the the part agreement and model State contemplate the
DCR the
Government. the flat but spaces. the the trial model agreement It in and on which the its this are model
does purchase
the
were between
the presumed
of nature. and to
the
clauses The
tend of MOFA,
seek the
all provisions
:42:
agreement. undertaking have guarantees MOFA. well-known held flat MOFA that a
such
is by as it the
the the
requirement flat be
of purchasers contrary
law,
any cannot
effect to is
would flat
to under
purchasers the
no therefore,
estoppel the
against trial
statute Court
furnished
by
the of to the
DCR. Consequently, such undertakings will not be binding either on the flat purchasers of the Society.
15. Society the bound transfer interests appurtenant was retained were lock initio. and not its was Model within to
In the instant case when the defendant registered Form four the the in and hold by key. As noted on of on 8/10/2003 Agreement, months society buildings favour instead the of the stilt structure totally the the from his along the society. spaces kept and parking void space under promoter the said rights, with Clause was date, title 13 of duty to and land This company which under ab is
enclosed
:43:
a obliged carpet additional sell It cannot soon certificate building spaces the other clause binding spaces ceases occupation and registration. purchasers developer purchaser would
common to area of
and the
the DCR It is or to
sq.mtr. he
premises either is part be as and as and society period 13 on cannot to have certificate it will become Furnishing is and refuses be informed an it to of all and is the the be any a the the well to and
separate
premises
spaces, property if
is in
provided, the
mentioned form of
he the Corporation
as the
soon
on
its flat
act is
which
is
by the
that
the
available
:44:
sale. instant purchaser developers contrary the application Co-operative on form provision developers where flat the occupation and developers the thus the the which to
an
undertaking furnished sort too of by law. promoter for four number of taken in hardly breach comes taken of by
as the
was
in
the flat the methods of an the date to this the instance eleven of the
exploitation resorting As to per shall registration months persons flats. invariably across as for that by even the the for years in from
MOFA to
Registrar within
minimum have
such is and
steps agreements
purchasers flats.
purchase after
Co-operative hold on
their
(except the unsold flats/shops or garages), which they are not entitled in law.
:45:
16. Transfer the property to of that activity entire Greater requirements Rules Having the flat of prevent parking the or be the the and of
Section 5 read with Section 53-A of the Property to the either to Act, contend enclosed third Regulation Regulations development of and the if work the there 1882 that stilt parties No.1(2) apply in any also part does of parking or of to area to not the spaces the the the under DCR permit Societys are members states building the of the other prevail. 1(2) by of the requirements not the and debar or stilt any
Society. said
jurisdiction Bombay of
Regulations of
scheme
the
society
17.
:46:
underneath stilted
the portion
building, or
in on
basements upper
the
location
garage the at within that "garage" open or on parking but of the of not for
stipulated may m.
road,
Explanation this ground or building, mechanically repairs. reason the the Form its stilt to on
therebelow Regulation, floor the and structure ground intended controlled Thus reject parking on support to sell the the spaces Clause of
appellant V right in
contention covered
recognises also
open
:47:
misplaced. as Agreement garage immaterial stilt amenities. noted Municipal comply is addressed issuance letter Sr.No.6 "surrounding which clear spaces. in is treated be society part to sold or its are that of under deals open the to the car in open / Form
The covered V
stilt
cannot of the
be
agreement in to plans upon of the as Engineer certificate and "Conditions the the
requirements dated
26/3/2002 Executive
occupation the with spaces, to be spaces the that common separate Developer outsider. caption
in to
the
condition spaces and It from Society car and / of parking it garage the sought cannot which members to be also
different -
:48:
the to be
MOFA retain no does 16 of Act, addition Act, the premises dispute not
recognises remain
promoters There word spaces". of shall of effect in flat by are, been Oxford set high of above before to spaces the was plans MOFA of means can be
parking the provisions provided, the Transfer take contained by are hit and has per of it was developer the is the the
MOFA except to
said in
1882 anything
notwithstanding any purchasers the therefore, rightly Dictionary posts the the effect included approved the disposal that any that ground trial that in by contract. and provisions illegal held the support or Court the the the
Section
evidence /
placed
developers of
which FSI
premises
included
:49:
by parking assessable of
the
/ not
promoter. included
The in
of nor
the is Hence
stilt
by
the was
before
per for
property
transferred
In the premises, I am satisfied that the well judgment the for required and City any to Civil interference be in order Court, in fact passed Great this by er appeal the Mumbai and Hence learned does the this
confirmed.
appeal must fail and the same is hereby dismissed with costs. Interim order stands vacated.
(B.H.MARLAPALLE,J.)
:50:
Mr. Naik made an oral application to stay the this opposed the order by for Mr. societies. twelve weeks. Salunke, The the operation This learned of prayer counsel this
25/4/2008
(B.H. MARLAPALLE,J)