Q:The Department of Stamps & Registration, Government of Karnataka has recently, released the draft revision of market value in properties in Bangalore, Urban & Bangalore, Rural Districts. The draft includes rates for Car parking and lifts in Apartments, according to which there will be registration charges for car parking. The Hon'ble Supreme Court of India, had in an Judgement pronounced on 31st August, 2010 [NAHALCHAND LALOOCHAND PVT. LTD. Vs PANCHALI CO-OPERATIVE HOUSING SOCIETY LTD.], had held that car parking areas cannot be sold by builders because they are covered under the definition of common areas. Also, the Karnataka Apartment Owners Act,1972, clearly forbids the sale of common areas and facilities, which includes parking areas, Elevators, gardens etc., So, if the department allows sale and registration of car parking and lifts, does it amount to contempt of court and violate he provisions of the Karnataka Apartment Owners Act, 1972 ????
Latest Answer: Section 3 of “Karnataka Ownership Act, 1972 (Act No.17 of 1973) deals with the definitions. Sub section (f) of the said section defines and contains the list of “Common areas and facilities”. Again Clause (3) of sub- section (f) of Section 3 of the said Act includes – The basements, Cellars, Yards, Gardens, Parking areas and Storage facilities as “Common areas and facilities”. According to this definition car parking is included in the common area and builder/ developer should not charge separately for car parking.
However the aforesaid sub-section (f) while defining “Common areas and facilities” states that “Unless otherwise provided in the declaration or lawful amendments thereto”.
Builders / Developers take advantage of this stipulation and while entering into the sale agreement and drafting of the final sale deed make the purchaser agree to pay separately for the car parking and they escape the implication of the judgment referred to in the question.
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