common amenities in the
building complex along with other flat land owner. The common amenities include
usage of staircase, corridors, lift, common parking areas, bore ... normally in
common use;
(f)Common profits means the balance of all income, rents, profits and other
income from the common areas and facilities remaining
cover the stilt area and
the same forms part of "common areas and facilities", as provided by
Section 3(j) of the Punjab ... typical floor, stilt level, Mumty
Area and life Machine Room Area. It cannot be made therefrom that
stilt area so included therein also covered
opposite parties
further submitted that the actual plinth area including common area is 1363 sq.
ft. and the agreed consideration ... that the
opposite party was silent with respect to common areas. It is the contention of
the opposite parties that they can allot car parking
undivided
land area corresponding to the flat area of 1187 sq. ft. is explained hereunder :
The total
area land size is . 2,830 sq.yards ... common area on the total area of the floor.
The total construction of each floor area is 13,159 sq.ft including common area
parks and proportionate common areas do not represent 20.50% of the total saleable area including share in common areas, the main evidence adduced ... floor area of the building 20.5 % of the car parking area and 20.5 % of the common areas. She can not claim 20.5 % of the floor
park, library, gym, fire safety measures, proper
lighting, marble flooring in common areas, and adequate power backup despite
having charged buyers for these amenities. Additionally ... land on lease.
Unauthorised Construction:
1. Stilt area of A Block: Instead of developing the area for common use of the
residents viz. Community Hall
areas and facilities
from each flat purchaser in proportion to the carpet area of the flat. MOFA mandates the promoter to describe
'common areas ... Common Amenities of the Occupiers of the flats or
Building'. The
Builder/Developer simply has no right to sell any portion of common areas
common area is 112.80 sq.m. total built up area is 1181.00 sqm and stilt
area is for parking. Later, the builder
had applied ... total built up area as parking area in Municipal
Corporations and Clause 11.3 gives details of the parking areas to be provided
as under
that stilt car parking spaces are part of the
common amenities as defined under common areas and facilities
under the MOFA. However , the said judgment ... PAPRA') and the rules framed thereunder. The definition of
common area and facilities under PAPRA have been provided under
Section 2(j) as under
normally in common use;"
There is nothing on the basis of which it can be said that
aforesaid facilities or common areas have ... such declaration, it
is difficult to hold that common facilities or common areas, as declared
by the owners, have not been provided.
18. Under
