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ARTICLE · 22 JUNE 2023

Parking Spaces: The Conundrum Continues

Mansukhlal Hiralal & Company
Mansukhlal Hiralal & Company
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Mansukhlal Hiralal & Company

Mansukhlal Hiralal & Company

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As seen in Part 1 of this article, there are a plethora of ambiguities surrounding parking spaces which become obvious when the governing statutes are read together.

IndiaReal Estate and Construction

As seen in Part 11 of this article, there are a plethora of ambiguities surrounding parking spaces which become obvious when the governing statutes are read together. Briefly, the relevant statutes provide as under:

Statute Definition of "common areas" Control of common areas
MOFA2 Includes all parking spaces except garages as per the interpretation given in Nahalchand Laloochand Given to the Co-operative Housing Society (CHS) under Section 11 of MOFA
RERA3 Includes open parking spaces, excludes garages and covered parking spaces (as well as stilts4) under Section 2(n) of RERA. Given to the Co-operative society under Section 17 of RERA.
2021 RERA Notification5

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