Flat Purchasers' Right To Use Parking Spaces

The Bombay High Court recently held in the case of Goel Ganga Foundation vs Federation of Swarganga Co.op Society Limited and Ors that only the flat purchasers have a right to use and utilize the common areas under the Maharashtra Ownership of Flats (Regulation of Promotion, Construction Sale, Management and Transfer) Act 1963 (MOFA). This update briefly analyses this judgement.

BACKGROUND

Goel Ganga Foundation (Petitioners) runs an international school which was constructed by the Respondent No 14 (Promoter) who granted a license to the Petitioner to use the building from April 2014 to March 2019 vide a leave and license agreement. The Promoter along with the construction of the school, developed residential buildings and sold them to flat purchasers. Further, the Promoter unilaterally allotted 110 stilt parking spaces to the Petitioner in March 2010 after executing agreements with flat purchasers, but before societies were formed. The respondent societies