relief of declaration thereby seeking
declaration to the effect that common areas and common facilities such
as front and back, setback / lawn/ driveway/basement parking ... owner to use the roof as common nor has they
produced any document specifying the common areas and facilities to
which promoter had agreed
being used or
occupied as khatals along with easements, customary
rights, common facilities and such other things in such
thika tenancies and khatals attached ... State free from all encumbrances :
Provided that the easements, rights, common
facilities or benefits enjoyed by a thika tenant or an
occupier of any land
Property" comprises the land, the building and
the common areas and facilities and in case of
complexes having different types of apartments
meant ... income
groups, property shall mean the land, building
and the common areas and facilities for that
particular type of apartment".
4
The expression
relevant provisions are extracted hereunder for
easy reference:-
“3(h)”common areas and facilities” unless
otherwise provided in the Deed of Apartment,
means ... safety
or normally in common use.”
3(o) of the said Act defines limited common areas
and facilities which is extracted hereunder:-
“3(o) “ limited
against the
committee, Defendant no. 20. Plaintiff has never contributed towards common
facilities of the society.
g) There are total 132 flats in the complex ... towards common expenses.
Even an occupant cannot exempt himself from liability for contribution by waiver of
use of the common areas and facilities
approx is the ground floor used as the common parking area,
common staircase, common passage etc.
xxiii). That trial court made an error in para ... ground
floor is a common area and facility comprising of common
parking, common passage, common staircase etc and cannot be
sold/transferred and instead focused
overlapping of PNG gas supply line with the existing common
facilities of drinking water, sewerage and exit pipelines for rain
water the plaintiff will ... able to get the common facilities
repaired without incurring huge cost which could have been
avoided in case the defendant would have laid down
Mukimpura, Subzi Mandi, Delhi
(Stair case common)..".
which amply demonstrates that staircase in the building is common facility
and defendant has no right ... common" mentioned in sale deed dated 21.04.2005 executed in favour of
defendant for contending that common facility of staircase was open to the
occupant
treatment
facilities, telecom networks, generation and
distribution of power, parking facilities, parks,
street lights and such other facilities as are of the
common ... effluent treatment facilities, telecom networks, generation and
distribution of power, parking facilities, parks, street lights and such
other facilities as are of common
will not be considered as a member and cannot use the
common facilities.
23. On 28.10.2013, the Secretary of the petitioner-Association
sent the amendments ... association of apartment owners, with the
object to maintain all common areas and facilities and the limited common
areas and facilities, to provide such amenities
